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2002
0502-6 2002 Ballot Information Booklet
Colorado Legislative Council
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This Article is brought to you for free and open access by the Colorado Legislative Council Research Publications at Digital Commons @ DU. It has been accepted for inclusion in All Publications by an authorized administrator of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. ', Legislative Counc~lof the Research Publication ' Colorado General Assembl OLORADO STATE DOCUMEFITS No 502-6 JE ?FERSON COUNTY PUBLIC LIBRARY LAKEWOOD. COLORADO OCT 2 4 2002
2002 BALLOT L t$$T
and :'. Recom~ndationson ~etentionof ~udges
ELECTiON-DAYIS Tuesday, November.5,2002
Polling places open from 7 a.m. to 7 p.m. (Early Voting Begins October 21, 2002)
A YES vote Jefferson County Publlc Llbrary CO 'OR OF changing cur- ..., . C1140332840 ,.- ...., -.. -,...,-e.s, and a NO vote on any ballot issue is a vote AGAINST changing current law or existing circumstances.1 COLORADO GENERAL ASSEMBLY EXECUTIVE CWITTEE COMMITTEE
.....Rm Dntnn man Chairman- ~- - ~ Sen Ken Chtouber Sen. Stan Matsunaka. Vice Chairman - Sen. Mark Hiliman Sen. John Andrews Sen. Doug Linkhart Rep. Dan Grossman Sen. Marilyn Musgrave Rep. Lola Spradley Sen. Ed Perlmutter Sen. Bill Thiebaut Sen. Terry Phillips Rep. Rob Fairbank STAFF Rep. Keith King Charles 5. Em.Director Rep. William Sinclair Daniel Chapman. Assistant Rep. Joe Stengel Director. Administration Rep. Abel Tapia Deborah Godshai1,Assistant Rep. Jennifer Veiga Director. Research LEGISLATIVE COUNCIL
ROOM 029 STATE CAPITOL DENVER. COLORADD 80203-1784 E-mail: 1cs.gaQstate.co.u~ (303) 8663521 FAX: 8663855 TDD: 866-3472
September 10, M02
Dear Colorado Voter:
This booklet Drovides information on two subiects to be decided bvvders at the November 5. %2, elect on h he first subject 1s proposed changes to the state const tut on and state statutes Tne second subject 1s tne retention of Idages The book el presents th s informal on in three sections.
Analyses of Proposed Changes to the Colorado Constitution and the Statutes
Thefirstsectioncontainsananalysisofeach proposedchangetothestateconstitutionand state statutes. The state constitution requires the nonpartisan research staff of the General I Assemblvto Dreoare theseanalvsesand to distributethem in a ballot information booklet to active raoistered- vdters. Each anaivsisdescribes the maior, .orovisions of a ,Drooosal , and commentson the proposal'sappl catlon and effect t also summarizes major arguments for and agalnst eacn proposalana the proposal's est mated fswi mpacr Careful cons aeratlon has Deenglrentotne arguments in an effort to fairlv represent both sidesof the issue. The Legislative Council, the committee ofthe General ~ssembl~responsible for reviewing the analyses,takes no position on the merits of the proposals.
Title and Text of Proposed Referred and Initiated Measures
The second section contains the title and the legal languageof each proposed change to the state constitution and state statutes.
Information onthe Retention of Judges
lnformatlon about the performanceof Coloraao SupremeCourt Justlcffi, Co~rtofAppeals Juages and tr a1 judges in your area of the state IS Included in tne thlra sectlon of tnls boodet The Informal on was preparea by the state and d str ct Comm sslons on Lalclal performance to provide voters with fair, responsible, and constructive evaluations ofjudges and justices seeking retention in office. Each profile includes a recommendation stated as "RETAIN: "OONOTRETAIN: Or "NO OPINION." Sincerely.
Representative Doug dean. Chairman TABLE OF CONTENTS
Amendment 27 Campaign Finance ...... 1 Title and Text of Proposal ...... 33
Amendment 28 Mail Ballot Elections ...... 8 Title and Text of Proposal ...... 47
Amendment 29 Selecting Candidates for Primary Elections .... 11 Title and Text of Proposal ...... 60
Amendment 30 Election Day Voter Registration ...... 15 Title and Text of Proposal ...... 69
Amendment 31 English Language Education ...... 18 Title and Text of Proposal ...... 70
Referendum A Exempt Elected District Attorneys from Term Limits ...... 21 Title and Text of Proposal ...... 76
Referendum B PublicIPrivate Ownership of Local Health Care Services ...... 24 Title and Text of Proposal ...... 77
Referendum C Qualifications for County Coroners ...... 26 Title and Text of Proposal ...... 79
Referendum D Repeal of Obsolete Constitutional Provisions ... 28 Title and Text of Proposal ...... 80
Referendum E Cesar Chavez State Holiday ...... 30 Title and Text of Proposal ...... 90
Judicial Performance Reviews ...... J-I
NOTE
The lettering and numbering system used to designate this year's statewide ballot issues is based on the following organizational structure:
Issues initiated by the People ...... Amendments 27 through 31 Issues referred by the General Assembly .... Referenda A through E NOTES ANALYSES
The proposed amendment to the Colorado Constitution:
4 reduces the amount of money that individuals and political committees can contribute to candidates and various political organizations;
+ limits the amount of money that politicalparties can contribute to candidates;
4 creates small donor commitfees which may accept up to $50 per individual per year, and allows these committees to contribute ten times more to candidates than can an individual;
4 sets voluntary spending limits for political races;
+ recalculates contribution and spending limits for inflation every four years, but such recalculation may not change contribution limits;
4 requires reporting and disclosure of money spent for certain political advertisements;
4 requires individuals who contribute over $100 to disclose their occupation and employer; and
4 regulates ballot issue committees
Background
Campaign finance is regulated by federal law for candidates in federal races; Colorado law regulates campaign finance for state and local candidates. Courts have also been involved in campaign finance by setting limits on what such laws can regulate and ruling on specific federal and state campaign finance provisions. This proposal changes Colorado campaign finance law and places the changes in the state constitution.
Contribution limits. Table 1 shows the maximum amount of money that can be contributed to candidates under this proposal. Table I. Maximum Contribution Limits for Candidates per Election Cycle' (Limits under the "Proposed column would become effective on December 6.2002; limits under the "Present" column apply to current election cycles)
Individual and Political Corporate and Union Committee Political Party Small Donor Committee Contributions to to Candidate to Candidate to Candidate Candidate Proposed Present Proposed' Present Proposed Present Proposed3 Present Primary General Primary General Governor $500 5500 55,WO $500.000 No Limit 55,000 55,000 NA Prohibited $5,000 Lieutenant Governor' NA NA $2,500 NA No Limit NA NA NA Prohibited 52.500 Secretary of State $500 $500 $2,500 $100,WO No Limit 55,000 55.000 NA Prohibited $2.500 State Treasurer $500 5500 $2.500 5100,000 No Limit 55,000 55.000 NA Prohibited $2,500 Attorney General .. $500 5500 $2.500 $100,000 No Limit $5,000 $5.000 NA Prohibited $2,500 State Senate $200 $200 51.500 $18.000 No Limit $2,000 $2.000 NA Prohibited $1,500 State House of ~epresentathes $200 5200 $1.000 $13,000 No Limit $2.000 $2.000 NA Prohibited $1,000 State Board of Education 5200 5200 $1.000 $13.000 No Limit $2.000 $2,000 NA Prohibited $1,000 CU Board of Regents $200 $200 $1,000 513.000 NoLimit $2,000 $2,000 NA Prohibited $1,000 District Attorney $200 $200 $1.500 513,000 No Limit $2,000 $2,000 NA Prohibited 51,500
1. The proposed contribution limits double for a candidate who has accepted voluntary spending limits if his or her opponent has not accepted the voluntary spending limits and has raised more than 10 percent of the spending limit.
2. Spending of personal money is counted as a poliical party contribution when a candidate accepts voluntary spending limits. Any unexpended campaign contributions that are carried forward to a subsequent election are also counted as political party contributions.
3. Corporations and labor unions may establish political committees and small donor committees which may contribute to candidates
4. Under the proposal, the governor and lieutenant governor are considered one office and the contribution and spending limits for governor apply to both candidates. In addition to limiting contributions to candidates, the proposal limits the amount of money that individuals and various organizations may contribute to political parties, political committees, and small donor committees, as follows.
Contributions to Political Parties
Under current law, individuals, organizations, and political committees can annually contribute up to $25,000 to each affiliate of a political party, including state, county, district, and local affiliates. The proposal limits contributions to a total of $3,000 for all affiliates of a political party. Of the $3,000, the state-level political party affiliate may receive no more than $2,500.
The proposal also limits the amount of money that small donor committees can annually contribute to all affiliates within a political party to $15,000 combined. Of the $15,000, the state- level political party affiliate may receive no more than $12,500.
Corporations and labor unions cannot contribute to political parties.
Contributions to Political Committees
- The proposal reduces the amount of money that individuals and organizations can contribute to political committees from $25,000 per year to $500 every two years.
Contributions to Small Donor Committees
The proposal caps individual contributions to a small donor committee at $50 per year.
Currently, political committees are not allowed to knowingly accept contributions from non-U.S. citizens, foreign governments, or foreign corporations that do not have authority to do business in Colorado. The proposal extends the prohibition to candidates, small donor committees, and political parties.
Voluntary spending limits. The proposal establishes voluntary campaign spending limits. Table 2 lists the spending limits in the proposal; current law does not contain any such limits.
Amendment 27: Campaign Finance ...... 3 Table 2. Proposed Voluntary Spending Limits per Election Cycle
Voluntary Candidate Spending Limit Governor1 Lieutenant Governor $2,500,000 Secretary of State $500,000 Attorney General $500,000 State Treasurer $500,000 State Senate $90,000 State House of Representatives $65,000 State Board of Education $65,000 Regent of the University of Colorado $65,000 District Attorney $65,000
A candidate's decision to accept the spending limits is binding unless an opponent running for the same office does not accept the limits. Candidates who agree to spending limits may advertise their compliance in political messages. When a candidate agrees to limit spending but an opponent does not, the candidate may receive double the maximum contributions if the opponent has raised more than 10 percent of the spending limit. Any personal money the candidate uses for his or her campaign counts as a political party contribution. Candidates who exceed the spending limits after agreeing to voluntarily limit campaign spending can be fined.
Adjustment to contribution and spending limits. The contribution and voluntary spending limits will be recalculated for inflation every four years, but such recalculation may not change contribution limits. Current law requires that contribution limits be increased by 10 percent beginning January I.2003, and every four years thereafter.
Unexpended campaign contributions. Current law lists the permissible uses for unexpended"campaign contributions for candidates. This proposal further regulates these contributions by requiring that any money carried forward for use in the next election be counted as a contribution from a political party.
Regulation of political advertisements. This proposal regulates two types of political advertisements. The first are those that are made outside the control of a candidate and that specifically urge the election or defeat of a candidate. The proposal requires reporting of the
4 ...... Amendment 27: Campaign Finance amount of money spent on the advertisement, the type of advertisement, and the name of the candidate being supported or opposed whenever more than $1,000 is spent. Further, when any money is spent outside the control of a candidate on this type of advertising during the 30 days before an election, the report must be made within 48 hours. Information about who is paying for the advertisement and a statement that it is not authorized by any candidate must appear in these types of political advertisements. Current law, which requires reporting of all expenditures in excess of $1,000 within 24 hours and requires certain disclosure in political advertisements, was struck down by the federal district court.
The second type of political advertisement is one that clearly refers to a candidate withouf specifically urging the election or defeat of the candidate. These advertisements are regulated during the 30 days before a primary election and the 60 days before a general election. Any individual or organization who spends over $1.000 on these advertisements must report the total amount spent and the name and address of any donor who gives more than $250 to fund the advertisement. When the donor is an individual, the reports must also contain the individual's occupation and the name of the individual's employer. Current law does not regulate this type of political advertising.
Corporations and labor unions are not allowed to directly fund the two types of political advertisements regulated under this proposal.
Reporting. The proposal extends current reporting requirements to small donor committees and requires any person who contributes over $100 to a candidate, political committee, issue committee, or political party to disclose his or her occupation and employer.
PenaEties. Under this proposal, violating contribution or voluntary spending limits results in a civil penalty of at least double, and up to five times, the amount contributed, received, or spent overthe allowable amount. Current law makes violations of campaign finance provisions a class 2 misdemeanor; violations of contribution limits are subject to a civil penalty of double the amount contributed or received.
Arguments For
1) This proposal may reduce the impact of special interests on the political process and increase the influence of individual citizens. Large monetary contributions give the appearance that wealthy contributors have undue influence over elections and better access to Amendment 27: Campaign Finance ...... 5 elected officials. By reducina the amount of money that a candidate can accept from special interests and creating small donor committees, the Drooosal encouraaes fundraisina from a broad base of individual
2) The increasing cost of financing campaigns may discourage people from running for public office, especially against opponents with large campaign funds. Voluntary spending limits could reduce the overall amount spent on campaigns, while lower contribution limits could allow more challengers to compete with incumbents in raising campaign funds. The voters benefit when there are more people running for public office.
3) Requiring greater disclosure of who pays for political advertising provides more information about who is spending money to influence elections. Now, some types of political advertisements are not regulated and therefore can be paid for anonymously. The proposal gives people information about who is paying for these advertisements right before an election.
4) Although corporations and labor unions cannot vote, spending by such entities influences the political process. Under this proposal, these organizations will have to raise money from employees, shareholders, and members who contribute to small donor and political committees rather than directly funding political activities. Corporations and labor unions are already banned from directly contributing to federal candidates; this proposal simply extends the ban to state races.
5) Voluntary spending limits may encourage more people to run for public office. People who are intimidated by the amount of money raised and spent on political campaigns may choose to run for public office with voluntary spending limits in place.
Arguments Against - 1) Increased regulation of campaign contributions and expenditures has never fulfilled its promise of getting "big money" out of the process. Whether it is at the state or national level, every time tougher controls are placed on campaign financing, big money finds less discernible ways to exert influence. The consequence is more campaign spending outside the control of the candidate and less accountability. Plus, this measure places these detailed campaign finance regulations in the state constitution. If historical patterns are followed, and the new regulations have unintended negative consequences, there is no easy way to make corrections.
6 ... . Amendment 27: Campaign Finance .. 2) The contribution limits in current law are more reasonable than those in the proposal. Lower contribution limits may mean that candidates spend more time fundraising than talking with voters about positions on issues. Contribution limits may benefit incumbents since challengers must typically outspend incumbents to overcome name recognition and other advantages of an officeholder. In addition, the proposal may give wealthy candidates a greater advantage over other 1 candidates since candidates can spend an unlimited amount of their own money on their campaign. Further, small donor committees may have an advantage over individuals and political committees because they can contribute ten times more money to candidates. 1 3) Voluntary spending limits restrict the amount of money available to a candidate to communicate his or her positions to voters. As a result, when voters cast their ballots, they will have less information about candidates than they currently do, which will undermine public confidence in the process and the officials elected. In any event, if candidates are required to limit the amounts they can raise in political campaigns, interest groups will spend money in elections through indirect forms of political support, none of which need to be reported to election officials or the public.
4) Disclosure requirements in current law are sufficient and are a better way to regulate campaign finance. Press reports and opposition campaigns already make the sources of candidates' funding public. Requiring people to disclose their occupation and employer when they contribute over a certain amount of money may discourage people from donating to a candidate or organization.
5) Since the voluntary spending limit applies to both a primary and general election, a candidate who faces a primary election may be at a financial disadvantage compared to a candidate who does not have a primary. Accordingly, the voluntary spending limits may reduce or restrict candidate participation and communication with voters.
I! Estimate of Fiscal Impact I / The proposal is expected to increase state and local revenues and expenditures. State revenue is expected to increase by $1,200 per / year from fines imposed on late filings of campaign finance reports. State expenditures of the Colorado Department of State will increase , due to the proposal's increased reporting requirements for both small donor committees and "electioneering" communications. These costs I are expected to total $86.768 in budget year 2002-03. Beginning July 1,2003, the proposal will increase the department's costs by an
Amendment 27: Campaign Finance ...... 7 T
stimated $94.480. These costs include salaries and benefits for two dditional employees. The proposal will also increase the number of ampaign finance reports filed with local election officials.
AMENDMENT 28 MAIL BALLOT ELECTIONS
The proposed amendment to the Colorado RevisedStatutes: I
+ requires most elections held after January I,2005, to be conducted only by mail ballot and eliminates voting in precinct polling locations; 1 allows local election officials to determine the method of voting I in the few elections that do not require mail ballots;
+ requires all mail ballots to be returned in a signed envelope either by mail, at drop-off sites, or at designated polling locations on election day;
+ adds new security and other requirements for conducting elections by mail and for qualifying ballots before votes are counted; and
+ increases the penalties for mail-ballot election fraud and other offenses.
Background
Current law allows certain elections to be held exclusively by mail ballot. Mail ballot elections cannot be used when political party candidates are on the ballot. For example, mail ballot elections are not allowed for a primary, general, or congressional vacancy election or any election held on the sameday as these elections. Current law also allows voters in any election to vote by mail using an absentee ballot. This proposal requires that all elections, except certain local elections, be held by mail ballot.
Mail ballot elections under current law. Currently, when an I election is conducted by mail, each active registered voter is sent a packet of election materials 15 to 25 days before election day. This packet contains a ballot, instructions for completing the ballot, an inner envelope, and a return envelope. A voter must complete the ballot, place it in the inner envelope, sign and date the return envelope, and 8 Amendment 28: Mail Ballot Elections send the packet back to the election official in the return envelope. A ballot must be received by an election official before 7 p.m. on election day to be counted. Before opening the packet, an election official checks that the signature on the envelope matches the printed name on the envelope. If the names match and the ballot is otherwise qualified, it is ready to be counted. The Secretary of State is responsible for overseeing mail ballot elections, which are conducted by local 1 election officials. I Proposed changes for mail ballot elections. The Secretary of State is required to supervise mail ballot elections and develop rules to implement the proposal. Local election officials are required to follow new procedures for conducting mail ballot elections. For example, :I beginning in 2005, the proposal requires election judges to compare I the signature on the ballot envelope against the voter's signature on file with the election official. Signatures that do not match must be reviewed by two other election judges from different political parties. If an election law appears to have been violated, the judges are required to submit questionable signatures to the district attorney. The proposal increases the maximum fine for falsely submitting a ballot or unduly influencing a voter from $5,000 to $10,000.
Proposed changes forpolling booth voting. For elections involving political party candidates, the proposal requires election officials to maintain polling booth locations on election day at public high schools prior to 2010. Beginning in 2010, election officials must maintain at least one polling booth location in the county. Underthe proposal, voters at polling booth locations may use private voting booths to cast the ballot received in the mail or a replacement ballot obtained at the polling booth location. Ballots cast at polling places are enclosed in an inner envelope and a signed return envelope, just like ballots returned by mail or at a drop-off site. In contrast, current law requires a separate polling place for each precinct in elections involving political party candidates. Also, voters currently cast ballots provided to them at the polling place, without a name or other mark to identify the voter.
1 Arguments For
1 1) Voting by mail is convenient and may increase the number of voters participating in elections. In the November 2001 election, mail ballot elections may have increased voter turnout since counties with mail ballot elections had an average turnout of 41 percent while those with traditional polling places had a turnout of 32 percent. People can complete their ballots where and when they have time to consider the Amendment 28: Mail Ballot Elections ...... 9 candidates and issues. Inconveniences such as bad weather, child care arrangements, or long lines at the polls will no longer be obstacles to voting. In addition, allowing citizens to vote early may limit the influence of last-minute negative campaigning.
2) This proposal expands the current practice of conducting elections by mail and adds new security precautions. In the November 2001 election, more than 88 percent of all votes were cast by mail. This and other mail ballot elections, along with an increasing number of votes cast by absentee ballot, have given election officials experience in conducting elections by mail. In addition, the proposal adds new provisions to improve the security of all mail ballot elections, such as requiring election officials to verify voter signatures.
3) Mail ballot elections may be less expensive for governments to conduct than other elections because they eliminate the need for voting machines and reduce the need for election judges for each precinct. In addition, with ballots sent automatically to voters and all voters using the same type of ballot, mail ballot elections may be a more uniform system than Colorado's current election system.
Arguments Against
1) Mail ballots are vulnerable to fraud because the ballots are out of the control of voters and election officials while being delivered. These ballots can be illegally cast, stolen, or sold. The signature verification process is new and subject to the opinion of election judges who may not be able to distinguish between forged and valid signatures. As a result, some forged ballots may be counted, and some valid ballots may be disqualified. Mail ballots may also be disqualified for procedural reasons such as missing the deadline for returning a ballot; sending a ballot with insufficient postage; errors by post office and election officials; or not signing, dating, or listing an address on the return envelope.
2) People who vote by mail-may be subject to pressure from employers, family members, and interest groups to vote a certain way when they complete their ballot away from the protection of election judges and private voting booths. Ballot secrecy is also threatened because a voter's name is clearly visible on the return envelope.
3) This proposal is unnecessary because voters can already choose to vote by mail by using an absentee ballot. Also, voters may currently obtain a sample ballot to help familiarize themselves with the issues before casting their vote at a polling place. Mail ballot voting may even lessen voters' ability to cast an informed vote if they vote early and 10 ...... Amendment 28: Mail Ballot Elections miss out on late-breaking news. Politicians may lengthen their political campaigns to appeal to early voters. Furthermore, this proposal may confuse voters by eliminating traditional voting methods.
Estimate of Fiscal Impact
The proposal requires most elections held afler January 1, 2005,to be conducted by mail. Elections conducted by mail may cost less than other elections because the cost of mailing ballots to voters is oflen less than the cost for traditional voting machines and election judges in each precinct. However, the proposal increases costs in the short term to purchase and upgrade county voting systems.
The proposal requires election officials to compare the signature on a mail ballot with the signature on file in the county clerk's office. New computer technology and a signature database would be required in most county clerk offices for election judges to be able to compare signatures from ballots with existing signatures on file. Currently, nineteen counties use a voter registration system supported by the state. This system would need to be modified to accommodate the requirement for signature comparison. Assuming that the requirements of the bill are implemented over two years, the modifications to the system are expected to cost the state $143.565 in budget year 2002-03 and $98.000 in budget year 2003-04. These costs would be paid from fees charged by the Department of State. A portion of these costs would be paid to extract signatures from the Department of Revenue's driver license database. Any costs associated with obtaining signatures in an electronic form would be paid by counties. Election officials would be responsible for paying postage costs for sending ballot packets to voters, but voters would pay the postage to return completed ballots.
AMENDMENT 29 SELECTINGCANDIDATES FOR PRIMARY ELECTIONS
The proposed amendment to the Colorado RevisedStatutes:
+ eliminates the role of neighborhood caucus and assembly meetings in selecting candidates for the primary ballot;
+ requires all major political party candidates to obtain a requisite number of petition signatures to appear on the primary ballot;
Amendment 29: Selecting Candidates for Primaries ...... 11 + changes the number of petition signatures required to qualify for the ballot for all but two political offices and expands the time allowed for collecting signatures;
+ allows a candidate to include a 100-word personal statement on his or her petition;
+ modifies the procedure for challenging and resolving conflicts about petition signatures; and
+ does not require the election official to investigate the validity of signatures.
Background
State law sets forth the process for major political parties (currently the Democratic and Republican parties) to select candidates for the primary ballot. At a primary election, registered Democrats and Republicans vote for candidates to represent their party at the general election in November. To get on the primary ballot, candidates must either obtain votes cast at assembly meetings or collect petition signatures from voters affiliated wi!h their party. Candidates designated through the assembly process are listed on the ballot before candidates who use the petition process. This proposal eliminates the option of obtaining votes at assemblies and requires all candidates to collect petition signatures to get on the primary ballot.
The caucus and assembly pmcess. Under current law, caucus meetings are organized within each local election precinct to discuss political candidates and issues. To participate in a precinct caucus, a person must be registered to vote and must be affiliated with a major political party. At each neighborhood caucus, delegates are elected to attend an assembly. At an assembly, delegates vote to select the party's candidates for county, legislative, congressional, or statewide races. Candidates who receive at least 30 percent of the delegate votes cast at their assembly appear on the primary ballot. Most candidates are placed on the primary ballot through the caucus and assembly process.
The petition process, Currently, a candidate may choose to bypass the caucus and assembly process and collect petition signatures in orderto appear on the primary ballot. The option to collect signatures also presently exists for any candidate who receives between 10 and 30 percent of the votes cast at the assembly. Any candidate who receives less than 10 percent of the vote at an assembly cannot be on the primary ballot. 72 ...... Amendment 29: Selecting Candidates for Primaries Signature requirements. The proposal changes the number of signatures required to get on the primary ballot for most political offices, in most cases reducing the number from current law. Table 1 shows the signature requirements of current law and this proposal.
Table 1. Current and Proposed Petition Signature Requirements
Treasurer. Secretary
50 in a county with fewer than
The proposal extends the time allowed for collecting signatures from roughly two months to roughly six months. Under current law, candidates may begin collecting signatures on the first Monday in April. This proposal allows candidates to begin collecting signatures as early as November 15 of the year before the election. The proposal also requires that signatures be submitted earlier in the year. Current law requires signatures to be submitted 70 days before the August primary election; this proposal requires signatures to be submitted 95 days before the primary. An election official has seven days to review the petitions and notify the candidate whether the petition appears to be sufficient. A person protesting the election official's decision must identify specific names being challenged and the basis for challenging those names. A protester may also be charged a fee that is reasonably related to the election official's cost of validating the signatures.
Amendment 29: Selecting Candidates for Primaries ...... 13 r' Arguments For
1) In Colorado, most candidates have been placed on primary ballots through the caucus and assembly process. Because caucus participation has been low, this process is oflen controlled by a relatively small number of party activists. The control of the caucus and assembly process by a limited number of people may pose a problem where one party has such a majority in a district that the primary election effectively determines the eventual winner in the general election. This proposal provides for a single system of nominating candidates through petitions.
2) This proposal may open up the political process to a greater number of candidates with a wider range of political views, giving voters more choice at the primary election. In 2000, only one in eight primary races was contested. Expanding the time allowed to collect signatures and reducing the number of signatures required make it easier for candidates to petition onto the primary ballot. With more choice among candidates, people may be more likely to vote in primary elections.
3) By eliminating the selection of candidates through caucuses and assemblies, this proposal makes Colorado consistent with those states that do not use such processes to place candidates on primary ballots. Political parties can still hold caucus and assembly meetings, and people can attend these meetings to discuss issues, party platforms, and candidates. The proposal allows political parties to spend their energy supporting their candidates in the more-important general election.
Arguments Against
1) Caucuses and assemblies are a good way for candidates and voters to meet and discuss issues, and anyone who is interested can attend. By eliminating the selection of candidates at assemblies, the proposal discourages citizens from being active in major political parties. As a result, the proposed system might actually give voters less information about candidates and fewer opportunities for direct interaction with candidates.
2) Colorado's current system offers more options for candidates than this proposal offers. The current system, which has been in place for decades, already allows candidates to petition onto the ballot. Also, incumbents should not have to collect signatures to indicate a minimum level of support within the party. This proposal takes away an incentive for attending party meetings, which may cause Colorado's 14 ...... Amendment 29: Selecting Candidates for Primaries major political parties to become fragmented and less able to set a cohesive statewide agenda. In addition, the proposal sets ,. ,2~ fixed signature requirements that do not automatically change Pri with changes in the state's population.
3) By requiring an individual to declare his or her candidacy almost one month earlier than under current law, the proposal :I could prevent or deter some people from running for office. This timeline also lengthens the primary election season, and the political advertising that goes along with it, by one month. Collecting signatures may divert resources from promotion of a candidate's campaign message. Also, candidates will have to pay to challenge the validity of petition signatures.
Estimate of Fiscal Impact
The proposal will increase the number of petitions that must be reviewed by state and local election officials, although the number of signatures required on each petition is lower in many cases. Overall, the proposal is expected to increase the workload of the Colorado Department of State and county clerks in reviewing petitions and verifying petition signatures. The costs to the Department of State are expected to total $79,040 in budget year 2003-04, including costs for additional temporary staff and computer programming. In budget year 2005-06 and every other budget year thereafter, the department's costs are estimated to be $64,000 for temporary staff.
The proposal allows an election official to impose a fee for handling protests of the official's decision. The amount of any additional fee revenue will depend on the number of protests filed under the proposal This additional revenue has not been estimated.
AMENDMENT 30 ELECTION DAYVOTER REGISTRATION
The proposed amendment to the Colorado Constitution:
+ allows eligible Coloradans to register to vote and to cast a ballot on election day for all elections conducted afler January 1.2004. Background
Colorado currently allows individuals to register to vote at various locations and by mail at any time up to 29 days before an election. A person is eligible to registerto vote if he or she is a U.S. citizen, is eighteen years old at the time of the election, and is a resident of Colorado and the precinct in which he or she will vote for at least 30 days before the election. An individual registers by signing an affidavit that he or she meets the eligibility requirements. A person who is registered to vote in Colorado, but who moved and failed to re-register, may re-register at any time at their county clerk's office or on election day at their precinct polling place.
This proposal allows eligible individuals who are not registered to register and vote on election day by presenting valid identification at their precinct polling place or county clerk's office. Valid identification includes either a Colorado driver license, state identification card, or other documentation approved by state election officials.
The proposal applies to all elections including primary, general. special district, and municipal elections. The legislature is directed to enact necessary laws to protect against voter fraud.
Arguments For
1) Allowing people to register to vote on election day is likely to increase voter participation. Of the six states that allow election day voter registration, four have the highest rates of voter turnout in the country, and all but one have voter turnout higher than Colorado. " blic interest in political campaigns generally peaks in the weeks ore an election, afler voter registration ends. This proposal :ourages voter participation by making registration and voting as ~pleand convenient as possible.
2) The current requirement that a person register 29 days prior to an election is a barrier to voting. Election day voter registration provides more opportunity for people to register and vote. It would make voting more accessible for new residents, rural voters, college students, and people with limited access to transportation.
3) Colorado's reputation as a state with little election fraud will continue with election day voter registration. As a requirement for registration at the polls, an approved form of photo identification must be provided. Colorado already imposes significant penalties for election fraud, and the proposal requires that the legislature enact
16 ...... Amendment 30: Election Day Voter Registration further safeguards as necessary. The six states that register voters on election day do not report problems with increased voter fraud.
Arguments Against ri
1) Allowing people to register to vote on election day may increase opportunities for voter confusion. The current 29-day . . .' registration deadline gives election officials an opportunity to verify that individuals are registered at only one address in the state. A list at each precinct indicates who is registered and who has already voted in the election. Allowing people to register on election day eliminates a safeguard against multiple votes. Further, the identification required by the proposal does not prove citizenship or residency. Because of voter confusion, some states have eliminated or are considering eliminating same-day voter registration.
2) Coloradans already have ample opportunities to register before an election. In the 2000 election, 73 percent of the state's voting age population were registered, active voters, and Colorado's voter turnout was higher than the national average. An individual may register to vote at many locations around the state, including any motor vehicle office, offices of political parties and candidates, libraries, temporary sites such as grocery stores, or social services offices. Registration forms may also be printed from the Internet and mailed to or dropped off at county clerks' offices.
3) Election day voter registration could be expensive for local governments to implement. Counties, cities, and special districts may have to provide additional staff and the necessary training for precinct worken. Additional ballots and computer equipment, telephones, and other administrative tools to prevent fraud could also add costs. Local governments could be required to staff precincts to register voters during a mail ballot election, even if voting is not taking place at the polling site. Voters may have to wait in long lines while election officials help people fill out forms and present identification.
Estimate of Fiscal Impact
Costs may be incurred for printing additional ballots, additional election officials at polling places, and computer-related expenses to register voters. Other costs to the offices of the county clerk are dependent upon the protections the legislature will require to prevent voter fraud.
Amendment 30: Election Day Voter Registration ...... 17 AMENDMENT 31 ENGLISHLANGUAGE EDUCATION
The proposed amendment to the Colorado Constitution:
+ requires that all public school students be taught in English unless they are exempted under the proposal;
+ requires students who do not speak English (English learners) to be taught English through sheltered English language immersion programs and to be transferred to a regular classroom, generally afler one year, unless a waiver is granted;
+ allows parents or legal guardians to request a waiver from English immersion requirements under limited conditions and gives schools the power to approve or deny the request;
+ authorizes a parent or legal guardian to sue for enforcement of the proposal and provides detailed penalties for teachers, administrators, and school board members; and
+ requires all English learners in grades two through twelve to be tested annually in English using a national test of various academic subjects.
Background
Current federal and state laws require school districts to identify English learners, to test their English proficiency annually, and to establish programs to teach these students the English skills necessary to participate in a school's regular education program. Over 70.000 public school students, or approximately 9 percent of Colorado's public school enrollment, qualify as English learners. Generally, these students receive English language assistance through one of the following types of programs. a English as a Second Language: In English as a Second Language (ESL) programs, English learners are taught entirely in English or mainly in English with some native language assistance. Typically, ESL classes include students with different native languages. English learners may attend the ESL program for a part of the day to work strictly on English skills, or attend for a full day and focus both on English and other academic subjects.
18 ...... Amendment 31: English Language Education - Bilingual education programs: In bilingual programs. English learners are taught academic subjects in their native language while learning English. Bilingual classes usually have students who share the same native language. The length and content of bilingual programs vary, with some programs emphasizing the development of native language skills more than others. , . .~ .... Dual language programs or dual immersion programs: In dual language programs, subjects are taught in two languages in order to develop proficiency in both languages. Students in these programs may be fluent in English or be English learners.
Proposal for English immersion programs. The proposal requires school districts to teach English learners in English immersion programs. In these immersion programs, students will be taught English and other academic subjects in English at a level appropriate to their language skills. Generally, the length of time for students to participate in the program is one year, afler which time students will begin attending regular classes. School districts may place English learners of different ages, but with similar English skills, in the same classroom. The proposal's requirements do not apply to foreign language programs or to special education programs.
Parents or legal guardians may request a waiver from the English immersion program for their child. Students who may be eligible for a waiver include: students who already possess adequate English skills, students who are ten years of age or~older,and students with special needs. School officials decide whether to grant or deny the request for the waiver. Schools in which twenty or more students of the same grade level have received a waiver are required to offer a different type of program, such as a bilingual program. In all other cases, students with a waiver may transfer to a school that offers a different type of program of instruction.
Parents or legal guardians of any Colorado public school student may sue for enforcement of the proposal. Additionally, a school district employee or board member may be sued and may be held personally liable for "willfully and repeatedly" failing to implement English immersion programs. A final enforcement provision concerns parents of children with special needs. Parents who receive a waiver for their child with special needs have a ten-year window during which they may sue school officials for issuing the waiver, if the parents conclude that the waiver injured the education of their child.
Amendment 31: English Language Education ...... 19 Arguments For
1) Learning English as quickly as possible ensures that English learners are not left behind their peers. Current programs, including bilingual education, have not adequately addressed the needs of English learners, and this proposal provides a different approach. Under the proposal. English learners will be taught in English and placed into a school's regular academic program afler one year. Learning English quickly will enable English learners to develop the necessary skills and knowledge to improve their future education and career choices.
2) Colorado needs a uniform statewide policy for teaching English learners. English learners who move between school districts may encounter different programs, which can delay their academic progress. Further, students should not be used as a part of educational experiments, as school districts try out different approaches to English instruction. The proposal focuses on students' acquisition of solid English skills, rather than the maintenance of native language skills, and provides a uniform philosophy for school districts. School districts retain enough flexibility to tailor programs to their students' needs.
3) Once English learners become reasonably fluent in English, they will be transferred into regular classrooms, increasing their opportunities to practice and use English. In addition, cultural awareness and interaction between children of different backgrounds will enhance the education of all children.
Arguments Against
1) The proposal restricts parental choice and local control of education. Many parents want their children to develop skills in more than one language so that they will be better prepared to live and work within a global economy. By requiring that all instruction be in English, the proposal limits the ability of school districts to offer innovative language programs, even if the-programs are effective and respond to the needs and wishes of the school community. In addition, school districts may be cautious in granting waiver requests from parents seeking different programs because of the possibility of legal action against the school and its employees. Any teacher, administrator, or school board member who is found in violation of this amendment is subject to a lawsuit, and restricted from teaching or holding public office for five years. Parents retain the right to sue school district employees and school board members for up to ten years.
20 ...... Amendment 31: English Language Education 2) The speed by which a student learns cannot be mandated by law. The proposal creates an unrealistic expectation that English can be learned by all children in one year. However, the speed by which a child becomes fluent in English depends on the child's age, cultural circumstances, previous education, and socioeconomic background. Some children may take longer than one year to achieve a level of proficiency comparable to their English-speaking peers. If programs are too rigid, students' individual needs may not be met.
3) The proposal adds another layer of testing requirements for English learners. School districts will have to test English learners in English every year using a national test in addition to the Colorado Student Assessment Program (CSAP) tests. The additional testing for English learners means further administrative expense and time away from classroom teaching.
Estimate of Fiscal Impact
While the proposal will not increase or decrease state expenditures, local school districts' expenditures will be impacted. Under the proposal, some school districts will have to revamp their curricula, staff assignments, and testing procedures. However, the net impact to all school districts cannot be predicted because the impacts will vary depending on how each individual school district implements the proposal.
REFERENDUMA EXEMPT ELECTED DISTRICT ATTORNEYS FROM TERM LIMITS
The proposed amendment to the Colorado Constitution:
+ eliminates term limits for elected district attorneys,
Background
Term limits. Colorado has term limits for elected state and local officials. The Colorado Constitution limits the length of office for the governor, lieutenant governor, secretary of state, state treasurer, and attorney general to two consecutive four-year terms. Memben of the Colorado legislature may serve up to four consecutive two-year terms in the House of Representatives and two consecutive four-year terms
Referendum A: District Attorney Term Limits ...... 21 in the Senate. Members of the State Board of Education and the University of Colorado Board of Regents are limited to two consecutive six-year terms.
The maximum term of office for local elected officials is two consecutive terms. Although not expressly stated in the constitution, the Colorado Attorney General interprets the limits on terms of local elected officials to also apply to elected district attorneys. The Colorado Constitution allows the voters of a political subdivision to eliminate or change the term limits for a local official. However, the Colorado Secretary of State determined that only the state legislature can put a proposal before the voters of a judicial district to alter term limits for that district. District attorney term limits can also be altered through a constitutional amendment. This proposal amends the constitution to repeal term limits for district attorneys.
District attorneys. Colorado is divided into 22 judicial districts. The voters in each judicial district elect one district attomey who is I responsible for the prosecution of criminal cases in that district. The district attorney determines which crimes to prosecute and recommends a penalty to the court. The district attorney also provides legal advice to police officers, assists in preparing search warrants, advises grand jury investigations, and may defend the counties of the district in court. In addition, the district attomey oversees an office of deputy district attorneys and support staff and prepares and administers a budget for the office. The Colorado Constitution requires a district attorney to be a licensed attorney for at least five years prior to being elected and to be a resident of the district throughout his or her term in-office. A district attorney's term of office is four years
Arguments For
1) Eliminating term limits allows residents of a judicial district to retain the expertise and experience of their district attomey. District attorneys must have specialized legal skills including knowledge of criminal law, court procedures, and police functions. Seventeen of the 22 district attorneys, with a combineb total of over 200 years in office. will be term limited in 2004.
2) Term limits are unnecessary because district attomeys are already accountable to the public. Voters may remove a district attorney through the normal election process or by a recall election. District attorneys work in a public forum where their acts are a matter of public record and open to review by citizens. Further, smaller, more rural districts may have difficulty attracting a candidate who meets the requirements of the position. 22 ...... Referendum A: District Attorney Term Limits 3) Thls proposal would ellmlnate the destablllz~ngeffect that term llm~tscould have on a dlstrlct attorney's offlce C~tlzens and law enforcement officers within a judicial district rely on consistent law enforcement practices that may change when term limits force a district attorney to step down. New district attorneys may be placed at a disadvantage when taking over complex cases from a term-limited district attorney. In addition, term limits might discourage skilled attorneys from running for district attorney as their prosecutorial career could end afler two terms. Of the 17 states with term limits, only Colorado limits the length of service for the district attorney.
Arguments Against
1) Term limits provide a check on the decision-making power of district attorneys. A district attorney decides who to charge and which crimes to charge. Limiting district attorneys to two terms could lessen any concern the public may have that politically motivated decision- making occurs within the office. An exception should not be made for this elected official who has significant power to enforce criminal laws. In 2004,term limits will affect district attorneys for the first time, and this proposal removes term limits before their effects can be evaluated.
2) Term limits could result in more candidate choices for the voter. Incumbents have name recognition and financial advantages that are difficult for challengers to overcome. In the past 20 years. 78 percent of the district attorneys running for reelection did not have a challenger. Term limits could provide greater opportunity for attorneys who are not career prosecutors to bring new ideas to law enforcement. More competition for the office could also lead to more aggressive prosecutorial policies and greater responsiveness to public opinion over the long term. Unlimited years of service do not necessarily provide the citizens with better prosecutors or a more responsive and sound prosecutorial policy. Voters can be trusted to fill the office with a qualified candidate.
Estimate of Fiscal Impact
The proposal does not increase state or local expenditures or taxes, nor does it affect the amount of taxpayer refunds from either the state or local governments.
Referendum A: District Attorney Term Limits ...... 23 REFERENDUM B PUBLlClPRlVATE OWNERSHIP OF LOCAL HEALTH CARE SERVICES
The proposed amendment to the Colorado Constitution:
+ allows health care services or facilities provided by local governments, such as special districts, counties, and cities, to be provided through a partnership orjoint ownership with private companies or individuals;
+ provides that a local government's and private company's share of ownership in such services or facilities be based on the amount invested;
+ prohibits local governments from going into debt or pledging credit to create and operate health care partnerships; and
+ prevents a partnership created to provide a health care service from being considered a local government or public body.
Background
Local government health care services are provided primarily through county and special district hospitals and local health departments. Hospitals operated by local governments provide a range of health care services that are determined by a hospital board and applicable laws. The hospital board is either appointed by county commissioners or elected by the voters. Health departments carry out health programs and control disease. The proposal applies to these services and any other health care services provided by a local government.
In providing health care services, local governments can contract with each other orwith private-companies or individuals. Local governments can also jointly owlvhealth care services or facilities with other government bodies. However, local government health care services and facilities currently cannot be provided through joint ownership or partnership with private companies or individuals. If adopted, this proposal would be the second exemption to the constitutional prohibition on partnerships between local governments and private companies. The constitution currently allows partnerships to provide municipal utility services.
24 ...... Referendum B: Ownership of Health Care Services Arguments For
1) This proposal could expand the range of health care services available in communities. The development of health care programs requires considerable investment in new equipment and qualified personnel. Local governments could share the cost and the risk of starting up new facilities. technology, or clinical services with medical equipment companies, private hospitals, physicians, or othe; privately owned enterprises. Health care services could be expanded to include hospice care, emergency clinics, mobile mammography units, physical therapy, and surgery centers in areas of the state where they are not currently available. Reduced overhead and equipment costs, less duplication of services, and increased health care provider recruitment may result.
2) Health care partnerships may help provide new sources of revenue to keep existing health care facilities open, particularly in rural areas. This proposal gives local governments the flexibility to enter into business relationships that could help keep health facilities fiscally sound, keep dollars in the local community, prevent people from traveling long distances for medical care, and possibly reduce reliance on taxes. Elected local officials who oversee health care operations will continue to determine which services to provide, allowing local governments to maintain decision-making authority over health care services.
Arguments Against
1) Demand for a particular health care service should decide where it is provided. If providing services is economically feasible, private companies may provide the health care services without the help of public moneys. Governments should not risk public moneys by investing in private companies, and private companies should not be given the chance to benefit from the investment of public moneys. New partnerships and the private companies involved in these partnerships will not be subject to the same laws and level of public scrutiny as local governments. For example, laws on open public meetings and records and conflict of interest will not apply. In addition, local governments already have the flexibility to contract with private companies to provide health care services without entering into ownership agreements. Contracting offers the efficiency of the private sector with less risk to public moneys.
Referendum 6: Ownetship of Health Care Services ...... 25 2) The interests of private companies or individuals may not always be to the public's benefit. This measure does not require private companies or individuals to be in the health care field to participate in these partnerships if the result is to provide a health care service, function, or facility. Companies could influence the types or delivery of health care services provided by partnerships, resulting in changes in health care services to maximize the opportunity for profits for private companies. Higher profits do not guarantee better health care services for local communities served by public health facilities.
Estimate of Fiscal Impact
The fiscal impact on local expenditures and revenues is dependent on the number, if any, of local governments that choose to enter into a partnership with a public or private entity in order to provide health care I services. Because the number and nature of these arrangements are I unknown, the impact cannot be quantified.
-- REFERENDUM C QUALIFICATIONS FOR COUNTY CORONERS
The proposed amendment to the Colorado Constitution:
permits the legislature to establish qualifications for the office of county coroner, including training and certification requirements.
I Background To run for county coroner, a person must be a U.S. citizen, at least eighteen years old, and a resident of the county for one year prior to an election. These qualifications are outlined in the state constitution. Based on a 1994 ruling by the Colorado Supreme Court, the legislature must have constitutional autharity to impose any additional qualifications on the office of county coroner. This proposal allows the I ! legislature to establish qualifications for county coroners, including training and certification requirements. The proposal does not specify the nature or extent of the requirements. The earliest that any ualifications established by the legislature could apply is the 2006 lection.
State law requires coroners to determine the cause and manner of death in specific circumstances, including suspicious deaths, unexplained natural deaths, accidents of all types, and suicides. When such a death occurs, coroners must notify the district attorney, take 26 ...... Referendum C: Qualifications for County Coroners custody of the body, conduct an independent investigation. cause an autopsy to be performed if necessary, and issue a death certificate. In investigating a death, coroners may have to identify the body, collect and document evidence, obtain medical records, perform tests or examinations of the body, notify the next of kin, or conduct an inquest. Coroners also have the authority to approve or deny organ and tissue donations for transplants in cases under their investigation.
State law encourages, but does not require, candidates for the office of coroner to possess knowledge and experience in the medical-legal investigation of death. Coroners are also encouraged by state law to participate in programs that provide education and training. Training is available through a variety of local and national resources, including a program to become a certified death investigator through the Colorado Coroners Association.
Arguments For
1) The complexities of coroner responsibilities require that the individual who holds the office meet minimum qualifications. Coroners are called upon to investigate numerous types of death which include. but are not limited to, all suspicious deaths, unexplained natural deaths, accidents of all types, and suicides. A coroner should have the expertise to properly determine the cause and manner of death and issue a death certificate. This document is used to determine insurance benefits for survivors and settle legal matters, both criminal and civil. In the event that the death is not properly certified, there may be legal or financial implications.
2) Training helps to ensure efficient, thorough, and accurate death investigations. Coroners work closely with state and federal agencies, physicians, law enforcement agencies, district and other attorneys, and insurance companies. Training may facilitate greater cooperation between coroners and the agencies and individuals with whom they work.
Arguments Against
1) The constitution should not be changed unless a significant problem exists. Currently, 75 percent of counties have coroners or staff members who are certified death investigators, and all counties have access to death investigation educational programs. The goal of training is being achieved without statutory requirements.
Referendum C: Qualifications for County Coroners ...... 27 2) Allowing the legislature to establish qualifications and training requirements may narrow the pool of possible candidates. The legislature may develop qualifications that are difficult for some rural and smaller counties to implement. For example, candidates may be required to be certified, trained, or hold a medical degree. Such equirements could limit who is eligible forthe office and make filling he office difficult.
Estimate of Fiscal Impact
This proposal will not affect state revenues or expenditures and will not require any new state spending. The cost impact to each county will depend on whetherthe requirements enacted by the legislature are more costly than what counties currently spend for their coroners.
REFERENDUM D REPEALOF OBSOLETE CONSTITUTIONALPROVISIONS
The proposed amendment to the Colorado Constitution:
+ removes expired provisions for events that have already occurred;
+ strikes an obsolete reference to legislative authority relating to courts; and
removes a congressional term-limits provision found unconstitutional by the Colorado Supreme Court in 1998.
Background
Expiredprovisions. The proposal removes four provisions related to the establishment of a statewide court system and judicial reform:
a requirement that judges forthe then newly created Denver juvenile and probate courts be elected at the 1964 General Election; a provision transferring cases from county courts to district courts, when district courts became courts of general jurisdiction effective January 1965; a provision that allows sitting judges in January 1967 to serve the remainder of their terms during the transition from elected to I appointed judges; and ! 28 ...... Referendum D: Obsolete Constitutional Provisions - language terminating the terms of office for sitting members of the Commission on Judicial Qualifications on July 1, 1983, when it was replaced by the Commission on Judicial Discipline.
The proposal removes two provisions relating to debt that has since been repaid:
- a reference to a 1991 state loan to the Limited Gaming Fund for the initial organizational and administrative expenses to establish gaming in Colorado; and a provision regarding the use of lottery proceeds collected from April 1, 1993, to June 30, 1998, for various capital construction projects that have been completed.
The proposal removes additional miscellaneous provisions:
a 1902 provision regarding temporary officers for the newly established City and County of Denver; and provisions regarding annexation by Denver, Lakewood, or Aurora permitted between April 1, 1974, and December 20, 1974.
Obsolete reference to legislative authority. The proposal removes language from 1962 granting the state legislature the authority to provide simplified procedures in county courts for claims not exceeding $500. In 1964 and 1976, the state legislature passed laws directing the Judicial Branch to adopt procedures for these courts. The Supreme Court currently provides procedures for all claims filed in county courts and small claims courts.
Unconstitutional provision. The proposal removes a term-limits provision ruled unconstitutional by the Colorado Supreme Court in 1998. The provision directs state and congressional legislators to follow specific steps to amend the federal constitution to implement congressional term limits, and directs the state to note on the ballot which legislators failed to comply. The court found the provision violates the U.S. Constitution because it takes away the ability of state and congressional legislators to use their own judgment and, in effect, forces them to vote in a particular way.
Referendum D: Obsolete Constitutional Provisions ...... 29 Argument For
1) The proposal updates the constitution by deleting an unconstitutional provision, irrelevant language, and procedures that no longer serve a useful purpose. The state constitution should not be cluttered with obsolete provisions.
Argument Against
1) The proposal eliminates provisions that express the will of the people on term limits or have other historical significance. Removing these provisions may diminish the historical character of the constitution and make future research of constitutional provisions and state laws more difficult.
Estimate of Fiscal Impact
The proposal does not affect state or local revenues or expenditures.
REFERENDUME CESAR CHAVEZ STATE HOLIDAY
The proposed amendment to the Colorado Revised Statutes:
+ designates March 31'' as "Cesar Chavez Day" and makes it a legal holiday for state employees.
Background
Cesar Estrada Chavez was an American civil rights and labor leader. He was born near Yuma. Arizona, on March 31, 1927, and died in 1993. After eighth grade, he-left school and worked full time as a migrant farm worker to help support his family. He served in the U.S. Navy during World War II. Duringthe 1950s, he was an organizer in the Community Service Organization, a civil rights group. Later, he founded the organization now known as the United Farm Workers of America. Through peaceful strikes and boycotts, his efforts resulted in agricultural labor reforms such as safe and sanitary working conditions, higher wages, and medical coverage. Afler his death, Cesar Chavez was awarded the Presidential Medal of Freedom, which is the highest civilian honor bestowed by the federal government.
30 ...... Referendum E: Cesar Chavez State Holiday State holidays in Colorado. The proposal Increases the number of pa~dholidays for state employees from ten to eleven .IXIfl, .-.I>, .-.I>, I,, starting in 2003. currently, the stateholidays in Colorado are $$:2:g New Year's Day, Dr. Martin Luther King, Jr. Day, Washington- .- :) ild-3~- i.? Lincoln Day (also known as Presidents' Day), Memorial Day, i\i, ,: ,:,.?"%:: Independence Day. Labor Day, Columbus Day, Veterans' Day, ::;v;>.~,.., .~.* Thanksgiving Day, and Christmas Day. Under current Colorado .+.,,., r~,..? ::. ::. i 7i law, March 31%'is recognized as an optional holiday in honor of , , Cesar Chavez. State agencies are required to remain open on ! that day. Employees may take the day off with pay if they work another weekday holiday in the same budget year, provided the state agency is open.
Recognition of Cesar Chavez. Three other states recognize Cesar Chavez. It is a state holiday in California and an optional holiday in Texas. Arizona recognizes March 31" as Cesar Chavez Day but does not make it a holiday. On the November 2002 ballot, New Mexico voters will consider a constitutional amendment designating the last Friday in March as a state holiday honoring Cesar Chavez. In Colorado, the City and County of Denver designates the last Monday in March as a holiday honoring Cesar Chavez.
School year holidays in Colorado. Local boards of education set the holidays for the annual school calendar around the minimum hours of state-required school days. If this proposal is adopted, each local board of education will determine if Cesar Chavez Day is a school holiday.
Arguments For
1) Cesar Chavez should be honored in Colorado with a state holiday ratherthan an optional holiday. Holidays honoring individuals focus the public's attention on the individual's contribution to American history and culture. Cesar Chavez was a nationally respected voice for social and economic justice for farm workers, especially Hispanics.
2) Many states designate holidays to honor individuals or groups important to citizens of their state. For example, Illinois celebrates Casimir Pulaski Day. Hawaii celebrates King Kamehameha Day, and Wyoming celebrates Native American Day. Cesar Chavez is a role model for all Colorado citizens for his nonviolent approach to social change, and especially for Colorado's Hispanic community. If approved, this proposal would establish eleven state holidays in Colorado, which is the same as the average number of holidays for state employees in other states.
Referendum E: Cesar Chavez State Holiday .. 31 Arguments Against
1) The proposal is not needed because the state currently recognizes Cesar Chavez. There are many people who deserve recognition and many ways to celebrate and honor a person's life and accomplishments without taking a day off from work. State employees already have ten days off compared to an average of nine days off for private sector employees. Another state holiday may pose a hardship on those who rely on the daily operations of state agencies.
2) Colorado cannot afford a new holiday due to its weakened economy. This proposal will cost the state approximately $477,000 this year because some agencies will be required to pay holiday wages to employees who will have to work on Cesar Chavez Day. If approved, the legislature may have to shifl money from other state programs to pay for the holiday. Additionally, a new holiday will cost the state about $10 million annually in lost employee productivity.
Estimate of Fiscal Impact
The proposal creates one day of lost employee productivity at a cost of about $10.1 million each state budget year. Additionally. $477.000 in new state expenditures and $53,800 in federal expenditures will be needed to pay holiday wages to those employees working in facilities open 24 hours per day, seven days per week. These facilities include state prisons and human services centers.
32 Referendum E: Cesar Chavez State Holiday TITLES AND TEXT
AMENDMENT27 CAMPAIGNFINANCE
Ballot Title: An amendment to the Colorado constitution concerning campaign finance, and, in connection therewith, reducing the amount of campaign contributions that persons may make to candidate committees, political committees, and political parties; establishing contribution limits forsmall donor committees; prohibiting candidate committeesand political parties from making or accepting certain contributions; restricting the amount of contributions political parties and political committees may accept from certain sources; limiting contributions and expenditures that may be made by corporations or labor organizations; creating voluntary campaign spending limits; providing for a periodic adjustment of contribution and voluntary spending limits; specifying the treatment of unexpended contributions; requiring the disclosure of information about persons making electioneering communications above a specified amount; defining electioneering communications as certain near-election communications that unambiguously refer to a candidate and are targeted to voters; and incorporating into the constitution existing statutory provisions, with amendments, regarding definitions, deposits of contributions, limits on cash contributions, notice and disclosure of independent expenditures, reporting of contributions and expenditures, civil penalties, and duties of the secretary of state.
Text of Proposal:
Be it enacted by the people of the state of Colorado;
The constitution of the state of Colorado is amended BY THE ADDITION OF A NEW ARTICLE: ARTICLE XXVlll CAMPAIGN AND POLITICAL FINANCE
Section 1. Purpose and findings. THE PEOPLE OF THE STATE OF COLORADOHEREBY FIND AND DECLARETHAT LARGE CAMPAIGN CONTRIBUTIONS TO POLITICALCANDIDATES CREATE THE POTENTIAL FOR CORRUPTION AND THE APPEARANCEOFCORRUPTION;THAT LARGECAMPAIGN CONTRIBUTIONS MADETO INFLUENCE ELECTIONOUTCOMESALLOW WEALTHY INDIVIDUALS, CORPORATIONS, AND SPECIAL INTEREST GROUPS TO EXERCISE A DISPROPORTIONATE LEVEL OF INFLUENCE OVER THE POLITICAL PROCESS; THAT THE RISING COSTS OF CAMPAIGNING FOR POLITICAL OFFICE PREVENT QUALIFIED CITIZENS FROM RUNNING FOR POLITICAL OFFICE; THAT BECAUSE OF THE USE OF EARLY VOTING INCOLORADOTIMELYNOTICEOFINDEPENDENTEXPENDITURESISESSENT~ALFOR Amendment 27: Campaign Finance ...... 33 INFORMING THE ELECTORATE; THAT IN RECENT YEARS THE ADVENT OF SIGNIFICANT SPENDING ON ELECTIONEERING COMMUNICATIONS, AS DEFINED HEREIN, HAS FRUSTRATED THE PURPOSE OF EXISTING CAMPAIGN FINANCE REQUIREMENTS; THATINDEPENDENT RESEARCH HAS DEMONSTRATEDTHATTHE VASTMAJORIPIOFTELEVlSEDELECTlONEERlNGCOMMUNlCATlONSGOES BEYOND ISSUE DISCUSSION TO EXPRESS ELECTORAL ADVOCACY; THAT POLITICAL CONTRIBUTIONS FROM CORPORATE TREASURIES ARE NOT AN INDICATION OF POPULARSUPPORTFORTHECORPORATION'S POLITICAL IDEASANDCANUNFAIRLY INFLUENCETHE OUTCOME OF COLORADOELECTIONS; AND THATTHE INTERESTS OF THE PUBLIC ARE BEST SERVED BY LIMITING CAMPAIGN CONTRIBUTIONS, ENCOURAGING VOLUNTARY CAMPAIGN SPENDING LIMITS, PROVIDING FOR FULL AND TIMELY DISCLOSURE OF CAMPAIGN CONTRIBUTIONS, INDEPENDENT EXPENDITURES, AND FUNDING OF ELECTIONEERING COMMUNICATIONS, AND STRONG ENFORCEMENT OF CAMPAIGN FINANCE REQUIREMENTS.
Section 2. Definitions. FORTHE PURPOSE OF THIS ARTICLE AND ANY STATUTORY PROVISIONS PERTAINING TO CAMPAIGN FINANCE, INCLUDING PROVISIONS PERTAINING TO DISCLOSURE: (I) "APPROPRIATE OFFICER" MEANS THE INDIVIDUAL WITH WHOM A CANDIDATE, CANDIDATE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE, OR ISSUE COMMITTEE MUST FILE PURSUANTTO SECTION 1-45-109 (I),C.R.S., OR ANY SUCCESSOR SECTION. (~)"CAND~DATE"MEANSANYPERSONWHOSEEKSNOM~NAT~ONORELECTION TO ANY STATE OR LOCAL PUBLIC OFFICE THAT ISTO BE VOTED ON IN THIS STATE AT ANY PRIMARY ELECTION, GENERAL ELECTION, SCHOOL DISTRICT ELECTION, SPECIAL DISTRICT ELECTION, OR MUNICIPAL ELECTION. "CANDIDATE"ALSO INCLUDES A JUDGE OR JUSTICE OF ANY COURT OF RECORD WHO SEEKS TO BE RETAINED IN OFFICE PURSUANTTOTHE PROVISIONS OF SECTION 25OFARTICLE VI. A PERSON IS A CANDIDATE FOR ELECTION IF THE PERSON HAS PUBLICLY ANNOUNCEDAN INTENTION TOSEEKELECTIONTO PUBLICOFFICEOR RETENTION OFAJUDlClALOFFlCEANDTHEREAFTERHASRECElVEDACONTRIBUTIONORMADE AN EXPENDITURE IN SUPPORT OF THE CANDIDACY. A PERSON REMAINS A CANDIDATE FOR PURPOSES OF THIS ARTICLE SO LONG AS THE CANDIDATE MAINTAINS A REGISTERED CANDIDATE COMMITTEE. A PERSON WHO MAINTAINS A CANDIDATECOMMITTEEAFTERAN ELECTION CYCLE, BUTWHO HAS NOT PUBLICLY ANNOUNCEDAN INTENTION TOSEEKELECTIONTO PUBLIC OFFICE IN THE NEXTOR ANY SUBSEQUENT ELECTION CYCLE, IS A CANDIDATE FOR PURPOSES OF THIS ARTICLE. a (3) "CANDIDATECOMMITTEE"MEANSAPERSON,INCLUDINGTHECANDIDATE, OR PERSONS WITH THE COMMON PURPOSE OF RECEIVING CONTRIBUTIONS OR MAKING EXPENDITURES UNDER THE AUTHORITY OF A CANDIDATE. A CONTRIBUTION TO A CANDIDATE SHALL BE DEEMED A CONTRIBUTION TO THE CANDIDATE'S CANDIDATE COMMITTEE. A CANDIDATE SHALL HAVE ONLY ONE CANDIDATECOMMITTEE. ACANDIDATECOMMITTEESHALL BE CONSIDERED OPEN AND ACTIVE UNTIL AFFIRMATIVELY CLOSED BY THE CANDIDATE OR BY ACTION OF THE SECRETARY OF STATE.
34 ...... Amendment 27: Campaign Finance (4) "CONDUIT"MEANS A PERSON WHO TRANSMITS CONTRIBUTIONS FROM MORE THAN ONE PERSON, DIRECTLY TO A CANDIDATE COMMITTEE. "CONDUIT" DOES NOT INCLUDE THE CONTRIBUTOR'S IMMEDIATE FAMILY MEMBERS, THE CANDIDATE OR CAMPAIGNTREASUREROFTHECANDIDATE COMMITTEE RECEIVING THE CONTRIBUTION, A VOLUNTEER FUND RAISER HOSTING AN EVENT FOR A CANDIDATE COMMITTEE, OR A PROFESSIONAL FUND RAISER IF THE FUND RAISER IS COMPENSATED AT THE USUAL AND CUSTOMARY RATE. (5) (a) "CONTRIBUTION"MEANS: (I) THE PAYMENT, LOAN, PLEDGE, GIFT, OR ADVANCE OF MONEY, OR GUARANTEE OF A LOAN, MADE TO ANY CANDIDATE COMMITTEE, ISSUE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE, OR POLITICAL PARN; (11) ANY PAYMENT MADE TO A THIRD PARN FOR THE BENEFIT OF ANY CANDIDATECOMMITTEE, ISSUECOMMITTEE, POLITICALCOMMITTEE, SMALLDONOR COMMITTEE, OR POLITICAL PARN; (Ill) THE FAIR MARKETVALUE OF ANY GIFTOR LOAN OF PROPERNMADE TO ANY CANDIDATE COMMITTEE, ISSUE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE OR POLITICAL PARN; (IV) ANMHING OF VALUE GIVEN, DIRECTLY OR INDIRECTLY, TO A CANDIDATE FOR THE PURPOSE OF PROMOTING THE CANDIDATE'S NOMINATION, RETENTION, RECALL, OR ELECTION. (b) "CONTRIBUTION"DOES NOT INCLUDE SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALSVOLUNTEERINGTHEIRTIME ON BEHALFOFACANDIDATE, CANDIDATECOMMITTEE, POLITICALCOMMITTEE, SMALL DONOR COMMITTEE, ISSUE COMMITTEE, OR POLITICAL PARN; A TRANSFER BY A MEMBERSHIP ORGANIZATION OF A PORTION OF A MEMBER'S DUES TO A SMALL DONOR COMMITTEE OR POLITICAL COMMITTEE SPONSORED BY SUCH MEMBERSHIP ORGANIZATION; OR PAYMENTS BYACORPORATION OR LABOR ORGANIZATION FORTHECOSTS OF ESTABLISHING,ADMINISTERING,ANDSOLlClTlNG FUNDS FROMITSOWN EMPLOYEESORMEMBERSFORAPOLlTlCALCOMMlTTEEORSMALLDONOR COMMITTEE. (6)"ELECTION CYCLE'' MEANS EITHER: (a) THE PERIOD OF TlME BEGINNING THIRN-ONE DAYS FOLLOWING A GENERAL ELECTION FOR THE PARTICULAR OFFICE AND ENDING THIRTY DAYS FOLLOWING THE NEXT GENERAL ELECTION FOR THAT OFFICE; (b) THE PERIOD OF TlME BEGINNING THIRTY-ONE DAYS FOLLOWING A GENERAL ELECTION FOR THE PARTICULAR OFFICE AND ENDING THlRN DAYS FOLLOWING THE SPECIAL LEGISLATIVE ELECTION FOR THAT OFFICE; OR (c) THE PERIOD OF TlME BEGINNING THIRN-ONE DAYS FOLLOWING THE SPECIALLEGISLATIVEELECTIONFORTHE PARTICULAR OFFICEAND ENDlNGTHlRN DAYS FOLLOWING THE NEXT GENERAL ELECTION FOR THAT OFFICE. (7) (a) "ELECTIONEERINGCOMMUNICATION" MEANS ANY COMMUNICATION BROADCASTED BY TELEVISION OR RADIO, PRINTED IN A NEWSPAPER OR ON A BILLBOARD, DIRECTLYMAILEDOR DELIVERED BY HANDTOPERSONALRESIDENCES OR OTHERWISE DISTRIBUTED THAT: (I) UNAMBIGUOUSLY REFERS TO ANY CANDIDATE; AND
Amendment 27: Campaign Finance ...... 35 (11) ISBROADCASTED, PRINTED,MAILED, DELIVERED, ORDlSTRlBUTEDWlTHlN THIRTY DAYS BEFORE A PRIMARY ELECTION OR SIXTY DAYS BEFORE A GENERAL ELECTION; AND (Ill) ISBROADCASTEDTO, PRlNTEDINANEWSPAPERDISTRIBUTEDT0,MAlLED TO, DELIVERED BY HANDTO, OR OTHERWISE DISTRIBUTED TO AN AUDIENCE THAT INCLUDES MEMBERS OF THE ELECTORATE FOR SUCH PUBLIC OFFICE. (b) "ELECTIONEERINGCOMMUNICATION" DOES NOT INCLUDE: (I) ANY NEWS ARTICLES, EDITORIAL ENDORSEMENTS, OPINION OR COMMENTARYWRITINGS, OR LETTERSTOTHE EDITOR PRINTED INANEWSPAPER, MAGAZINE OR OTHER PERIODICAL NOTOWNED OR CONTROLLED BYA CANDIDATE OR POLITICAL PARTY; (11) ANY EDITORIAL ENDORSEMENTS OR OPINIONS AIRED BY A BROADCAST FACILITY NOT OWNED OR CONTROLLED BY A CANDIDATE OR POLITICAL PARTY; (Ill) ANYCOMMUNICATION BY PERSONS MADE INTHE REGULAR COURSE AND SCOPE OF THEIR BUSINESS OR ANY COMMUNICATION MADE BY A MEMBERSHIP ORGANIZATION SOLELY TO MEMBERS OF SUCH ORGANIZATION AND THEIR FAMILIES; (IV) ANY COMMUNICATION THAT REFERS TO ANY CANDIDATE ONLY AS PART ' OF THE POPULAR NAME OF A BILL OR STATUTE. (8) (a) "EXPENDITURE"MEANS ANY PURCHASE, PAYMENT, DISTRIBUTION, LOAN, ADVANCE, DEPOSIT, OR GIFT OFMONEY BYANY PERSON FORTHE PURPOSE OF EXPRESSLY ADVOCATING THE ELECTION OR DEFEAT OF A CANDIDATE OR SUPPORTING OR OPPOSING A BALLOT ISSUE OR BALLOT QUESTION. AN EXPENDITURE IS MADE WHEN THE ACTUAL SPENDING OCCURS OR WHEN THERE IS A CONTRACTUAL AGREEMENT REQUIRING SUCH SPENDING AND THE AMOUNT IS DETERMINED. I (b) "EXPENDITURE"DOES NOT INCLUDE: (I) ANY NEWS ARTICLES, EDITORIAL ENDORSEMENTS, OPINION OR COMMENTARYWRITINGS, OR LETTERSTOTHE EDITOR PRINTED INA NEWSPAPER, MAGAZINE OR OTHER PERIODICAL NOTOWNED OR CONTROLLED BYA CANDIDATE OR POLITICAL PARTY; (11) ANY EDITORIAL ENDORSEMENTS OR OPINIONS AIRED BY A BROADCAST FACILITY NOT OWNED OR CONTROLLED BY A CANDIDATE OR POLITICAL PARTY; (Ill) SPENDING BY PERSONS, OTHER THAN POLITICAL PARTIES, POLlTlCAL COMMITTEES AND SMALL DONOR COMMITTEES, IN THE REGULAR COURSE AND SCOPE OF THEIR BUSINESS OR PAYMENTS'BYA MEMBERSHIP ORGANIZATION FOR ANY COMMUNICATION SOLELYTO MEMBERS AND THEIR FAMILIES; (IV) ANY TRANSFER BY A MEMBERSHIP ORGANIZATION OF A PORTION OF A MEMBER'S DUES TO A SMALL DONOR COMMITTEE OR POLITICAL COMMITTEE SPONSORED BY SUCH MEMBERSHIP ORGANIZATION; OR PAYMENTS MADE BY A CORPORATION OR LABOR ORGANIZATION FOR THE COSTS OF ESTABLISHING, I ADMINISTERING, OR SOLICITING FUNDS FROM ITS OWN EMPLOYEESORMEMBERS FOR A POLITICAL COMMITTEE OR SMALL DONOR COMMITTEE. (9) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE THAT IS NOT CONTROLLED BY OR COORDINATED WlTH ANY CANDIDATE OR AGENT OF SUCH CANDIDATE. EXPENDITURESTHAT ARE CONTROLLED BY OR COORDINATED WlTH A CANDIDATE OR CANDIDATE'S AGENT ARE DEEMED TO BE BOTH CONTRIBUTIONS I 36 ...... Amendment 27: Campaign Finance BY THE MAKER OF THE EXPENDITURES, AND EXPENDITURES BY THE CANDIDATE COMMITTEE. (lo)(@ "lSSUE COMMITTEE" MEANS ANY PERSON, OTHER THAN A NATURAL PERSON. OR ANY GROUP OF TWO OR MORE PERSONS, INCLUDING NATURAL PERSONS: (I) THAT HAS A MAJOR PURPOSE OF SUPPORTING OR OPPOSING ANY BALLOT ISSUE OR BALLOT QUESTION; OR (11) THAT HAS ACCEPTED OR MADE CONTRIBUTIONS OR EXPENDITURES IN EXCESS OFTWO HUNDRED DOLLARSTO SUPPORTOR OPPOSE ANY BALLOT ISSUE OR BALLOT QUESTION. (b) "ISSUE COMMITTEE" DOES NOT INCLUDE POLITICAL PARTIES, POLITICAL COMMITTEES. SMALL DONOR COMMITTEES, OR CANDIDATE COMMITTEES AS OTHERWISE DEFINED IN THlS SECTION. (c) AN ISSUE COMMITTEE SHALL BE CONSIDERED OPEN AND ACTIVE UNTIL AFFIRMATIVELY CLOSED BY SUCH COMMITTEE OR BYACTION OFTHE APPROPRIATE AUTHORIN. (1 1) "PERSON"MEANS ANY NATURAL PERSON, PARTNERSHIP, COMMITTEE, ASSOCIATION, CORPORATION, LABOR ORGANIZATION, POLITICAL PARTY, OR OTHER ORGANIZATION OR GROUP OF PERSONS. (12) (a) "POLITICALCOMMITTEE'' MEANS ANY PERSON, OTHER THAN A NATURAL PERSON, OR ANY GROUP OF TWO OR MORE PERSONS, INCLUDING NATURAL PERSONS THAT HAVE ACCEPTED OR MADE CONTRIBUTIONS OR EXPENDITURES IN EXCESS OF $200 TO SUPPORT OR OPPOSE THE NOMINATION OR ELECTION OF ONE OR MORE CANDIDATES. (b) "POLITICALCOMMITTEE" DOES NOTINCLUDE POLITICAL PARTIES, ISSUECOMMITTEES, OR CANDIDATE COMMITTEESASOTHERWISEDEFINED IN THIS SECTION. (c) FOR THE PURPOSES OF THlS ARTICLE, THE FOLLOWING ARE TREATED AS A SINGLE POLITICAL COMMITTEE: (I) ALLPOLITICALCOMMITEES ESTABLISHED, FINANCED. MAINTAINED, OR CONTROLLED BYA SINGLE CORPORATION OR ITS SUBSIDIARIES; (11) ALL POLITICAL COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BYASINGLE LABORORGANIZATION; EXCEPTTHAT, ANY POLITICAL COMMITTEE ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A LOCAL UNIT OF THE LABOR ORGANIZATION WHICH HAS THE AUTHORITY TO MAKE A DECISION INDEPENDENTLY OF THE STATE AND NATIONAL UNITS AS TO WHICH CANDIDATES TO SUPPORT OR OPPOSE SHALL BE DEEMED SEPARATE FROM THE POLITICAL COMMITTEE OF THE STATE AND NATIONAL UNIT; (Ill) ALL POLITICAL COMMITTEES ESTABLISHED, FINANCED. MAINTAINED, OR CONTROLLED BY THE SAME POLITICAL PARN; (IV) ALL POLITICAL COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY SUBSTANTIALLY THE SAME GROUP OF PERSONS. (1~)"POLITICALPART/'MEANSANYGROUPOF REGISTERED ELECTORSWHO, BY PETITION OR ASSEMBLY, NOMINATE CANDIDATES FOR THE OFFICIAL GENERAL ELECTION BALLOT. "POLITICAL PARN" INCLUDES AFFILIATED PARTY ORGANIZATIONS AT THE STATE, COUNTY, AND ELECTION DISTRICT LEVELS, AND
Amendment 27: Campaign Finance ... . .37 I ALL SUCH AFFILIATES ARE CONSIDERED TO BE A SINGLE ENTITY FOR THE PURPOSES OF THlS ARTICLE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 7. (14)(a) "SMALL DON0RCOMMITTEE"MEANSANY POLlTlCALCOMMlTTEETHAT HAS ACCEPTED CONTRIBUTIONS ONLY FROM NATURAL PERSONS WHO EACH CONTRlBUTEDNOMORETHANFlFPlDOLLARSINTHEAGGREGATEPERYEAR. FOR
8 PURPOSES OF THlS SECTION, DUES TRANSFERRED BY A MEMBERSHIP ORGANIZATION TO A SMALL DONOR COMMITTEE SPONSORED BY SUCH ORGANIZATION SHALL BE TREATED AS PRO-RATA CONTRIBUTIONS FROM INDIVIDUAL MEMBERS. SMALL DONOR COMMITTEE" DOES NOT INCLUDE POLITICAL PARTIES, POLITICAL COMMITTEES, ISSUE COMMITTEES, OR CANDIDATE COMMITTEES AS OTHERWISE DEFINED IN THlS SECTION. (c) FORTHE PURPOSES OF THlS ARTICLE, THE FOLLOWING ARE TREATED AS A SINGLE SMALL DONOR COMMITTEE: (I)ALLSMALLDONOR COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A SINGLE CORPORATION OR ITS SUBSIDIARIES; (11) ALL SMALL DONOR COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A SINGLE LABOR ORGANIZATION; EXCEPTTHAT, ANY SMALL DONOR COMMITTEE ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY 4 LOCAL UNITOFTHE LABOR ORGANIZATION WHICH HASTHEAUTHORITYTOMAKE 4 DECISION INDEPENDENTLY OF THE STATE AND NATIONAL UNITS AS TO WHICH 2ANDIDATES TO SUPPORT OR OPPOSE SHALL BE DEEMED SEPARATE FROM THE $MALL DONOR COMMITTEE OF THE STATE AND NATIONAL UNIT; (Ill) ALLSMALL DONOR COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, 3R CONTROLLED BY THE SAME POLITICAL PARTY; (1V)ALLSMALL DONOR COMMlnEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY SUBSTANTIALLY THE SAME GROUP OF PERSONS. (1 5) "UNEXPENDEDCAMPAIGN CONTRIBUTIONS" MEANS THE BALANCE OF FUNDS ON HAND IN ANY CANDIDATE COMMITTEE AT THE END OF AN ELECTION CYCLE, LESS THE AMOUNT OF ALL UNPAID MONETARY OBLIGATIONS INCURRED PRIOR TO THE ELECTION IN FURTHERANCE OF SUCH CANDIDACY.
Section 3. Contribution limits. (1) EXCEPTAS DESCRIBED IN SUBSECTIONS (2), (3), AND (4) OF THlS SECTION, NO PERSON, INCLUDING A POLITICAL COMMITTEE, SHALL MAKE TO A CANDIDATE COMMITTEE, AND NO CANDIDATE COMMITTEE SHALL ACCEPT FROM ANY ONE PERSON, AGGREGATE CONTRIBUTIONS FOR A PRIMARY OR A GENERAL ELECTION IN EXCESS OF THE FOLLOWING AMOUNTS: * (a) FIVE HUNDRED DOLLARS TO ANY ONE: (1) GOVERNOR CANDIDATE COMMITTEE FOR THE PRIMARY ELECTION, AND GOVERNOR AND LIEUTENANT GOVERNOR CANDIDATE COMMITTEE, AS JOINT CANDIDATES UNDER 1-1-104, C.R.S., OR ANY SUCCESSOR SECTION, FOR THE GENERAL ELECTION; (11) SECRETARY OF STATE, STATE TREASURER, OR ATTORNEY GENERAL CANDIDATE COMMITTEE; AND
38 ...... ,...... Amendment 27: Campaign Finance (b) TWO HUNDRED DOLLARS TO ANY ONE STATE SENATE, STATE HOUSE OF REPRESENTATIVES. STATE BOARD OF EDUCATION, REGENT OF THE UNIVERSITY OF COLORADO.OR DISTRICT ATTORNEY CANDIDATE COMMITTEE. (2) NOSMALLDONORCOMMITTEE SHALL MAKETOA CANDIDATE COMMITTEE, AND NO CANDIDATE COMMITTEE SHALL ACCEPT FROM ANY ONE SMALL DONOR COMMITTEE, AGGREGATE CONTRIBUTIONS FOR A PRIMARY OR A GENERAL ELECTION IN EXCESS OF THE FOLLOWING AMOUNTS: (a) FlVE THOUSAND DOLLARS TO ANY ONE: (I) GOVERNOR CANDIDATE COMMITTEE FOR THE PRIMARY ELECTION, AND GOVERNOR AND LIEUTENANT GOVERNOR CANDIDATE COMMITTEE, AS JOINT CANDIDATES UNDER 1-1-104, C.R.S.. OR ANY SUCCESSOR SECTION, FOR THE GENERAL ELECTION; (11) SECRETARY OF STATE, STATE TREASURER, OR ATTORNEY GENERAL CANDIDATE COMMITTEE; AND (b) TWO THOUSAND DOLLARS TO ANY ONE STATE SENATE, STATE HOUSE OF REPRESENTATIVES, STATE BOARD OF EDUCATION, REGENT OF THE UNIVERSITY OF COLORADO,OR DISTRICT ATTORNEY CANDIDATE COMMITTEE. (3)(a) NO POLITICAL PARTY SHALL ACCEPT AGGREGATE CONTRIBUTIONS FROM ANY PERSON, OTHER THAN A SMALL DONOR COMMITTEE AS DESCRIBED IN PARAGRAPH (b) OFTHIS SUBSECTION (3), THAT EXCEED THREE THOUSAND DOLLARS PER YEAR AT THE STATE, COUNTY, DISTRICT, AND LOCAL LEVELCOMBINED, ANDOF SUCH AMOUNT NO MORE THAN TWENTY-FIVE HUNDRED DOLLARS PER YEAR AT THE STATE LEVEL; (b) NOPOLITICALPARTYSHALLACCEPTAGGREGATECONTRIBUTIONS FROM ANY SMALL DONOR COMMITTEE THAT EXCEED FIFTEEN THOUSAND DOLLARS PER YEAR ATTHE STATE, COUNTY, DISTRICT, AND LOCAL LEVEL COMBINED, AND OF SUCH AMOUNT NO MORE THAN TWELVE THOUSAND, FlVE HUNDRED DOLLARS AT THE STATE LEVEL; (c) NO POLITICAL PARTY SHALL ACCEPT CONTRIBUTIONS THAT ARE INTENDED, OR IN ANY WAY DESIGNATED, TO BE PASSED THROUGH THE PARTY TO A SPECIFIC CANDIDATE'S CANDIDATE COMMITTEE; (d) IN THE APPLICABLE ELECTION CYCLE, NO POLITICAL PARTY SHALL CONTRIBUTE TO ANY CANDIDATE COMMITTEE MORE THAN TWENTY PERCENT OF THE APPLICABLE SPENDING LIMIT SET FORTH IN SECTION 4 OF THlS ARTICLE. (e)ANYUNEXPENDEDCAMPAlGN CONTRIBUTIONS RETAINEDBYACANDIDATE COMMITTEE FOR USEIN A SUBSEQUENTELECTION CYCLESHALL BE COUNTEDAND REPORTED AS CONTRIBUTIONS FROM A POLITICAL PARTY IN ANY SUBSEQUENT ELECTION FOR PURPOSES OF PARAGRAPH (d) OF THlS SUBSECTION (3); (4)(a) ITSHALLBE UNLAWFUL FORACORPORATION OR LABORORGANIZATION TO MAKE CONTRIBUTIONS TO A CANDIDATE COMMITTEE OR A POLITICAL PARTY, ANDTOMAKE EXPENDITURES EXPRESSLYADVOCATINGTHEELECTION OR DEFEAT OF A CANDIDATE; EXCEPT THAT A CORPORATION OR LABOR ORGANIZATION MAY ESTABLISH A POLITICAL COMMITTEE OR SMALL DONOR COMMITTEE WHICH MAY ACCEPT CONTRIBUTIONS OR DUES FROM EMPLOYEES, OFFICEHOLDERS. SHAREHOLDERS. OR MEMBERS.
Amendment 27: Campaign Finance ...... 39 (b)THEPROHlBrrlONCONTAlNED IN PARAGRAPH (a) OFTHIS SUBSECTION (4) SHALL NOT APPLY TO A CORPORATION THAT: (I) IS FORMED FOR THE PURPOSE OF PROMOTING POLITICAL IDEAS AND CANNOT ENGAGE IN BUSINESS ACTIVITIES; AND (11) HAS NO SHAREHOLDERS OR OTHER PERSONS WlTH A CLAIM ON ITS ASSETS OR INCOME; AND (Ill) WAS NOT ESTABLISHED BY AND DOES NOT ACCEPT CONTRIBUTIONS FROM BUSINESS CORPORATIONS OR LABOR ORGANIZATIONS. (5) NO POLITICAL COMMITTEE SHALL ACCEPT AGGREGATE CONTRIBUTIONS OR PRO-RATA DUES FROM ANY PERSON IN EXCESS OF FIVE HUNDRED DOLLARS PER HOUSE OF REPRESENTATIVES ELECTION CYCLE. (6)NOCANDIDATE'S CANDIDATECOMMITTEE SHALLACCEPTCONTRIBUTIONS FROM, OR MAKE CONTRIBUTIONS TO, ANOTHER CANDIDATE COMMITTEE, INCLUDING ANY CANDIDATE COMMITTEE, OR EQUIVALENT ENTITY, ESTABLISHED UNDER FEDERAL LAW. (7) NO PERSON SHALL ACT AS A CONDUIT FOR A CONTRIBUTION TO A ANDIDATE COMMITTEE. (8) NOTWITHSTANDINGANY OTHER SECTION OF THlS ARTICLE TO THE ONTRARY, A CANDIDATE'S CANDIDATE COMMITTEE MAY RECEIVE A LOAN FROM - FINANCIAL INSTITUTION ORGANIZED UNDER STATE OR FEDERAL LAW IF THE LOAN BEARS THE USUAL AND CUSTOMARY INTEREST RATE, IS MADE ON A BASIS THAT ASSURES REPAYMENT, IS EVIDENCED BY A WRITTEN INSTRUMENT, AND IS SUBJECT TO A DUE DATE OR AMORTIZATION SCHEDULE. THE CONTRIBUTION LIMITS DESCRIBED IN THlS SECTION SHALL NOT APPLY TO A LOAN AS DESCRIBED IN THlS SUBSECTION (8). (9) ALL CONTRIBUTIONS RECEIVED BY A CANDIDATE COMMITTEE, ISSUE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE, OR POLITICAL 4RTYSHALLBEDEPOSlTEOINAFlNANCIALlNSTlTUTlONINASEPARATEACCOUNT fHOSETlTLESHALLINCLUDETHE NAME OFTHE COMMITTEE OR POLITICALPARTY. LL RECORDS PERTAINING TO SUCH ACCOUNTS SHALL BE MAINTAINED BY THE COMMITTEE OR POLITICAL PARTY FOR ONE-HUNDRED EIGHTY DAYS FOLLOWING ANY GENERAL ELECTION IN WHICH THE COMMITTEE OR PARTY RECEIVED CONTRIBUTIONS UNLESS A COMPLAINT IS FILED, IN WHICH CASE THEY SHALL BE MAINTAINED UNTILFINALDISPOSITION OFTHECOMPLAINTANDANYCONSEQUENT LITIGATION. SUCHRECORDSSHALLBE SUBJECTTO INSPECTION AT ANYHEARING HELD PURSUANT TO THlS ARTICLE. (10) NO CANDIDATE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE, ISSUE COMMITTEE, OR POLITICAL PARTY SHALL ACCEPT A CONTRIBUTION, OR MAKE AN EXPENDITURE, IN CURRENCY OR COIN EXCEEDING ONE HUNDRED DOLLARS. (1 1) NOPERSONSHALLMAKE ACONTRIBUTIONTO ACANDIDATE COMMITTEE, ISSUE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE, OR POLITICAL PARTY WlTH THE EXPECTATION THAT SOME OR ALL OF THE AMOUNTS OFSUCHCONTR~BUT~ONWILLBERE~MBURSEDBYANOTHERPERSON.NO PERSON SHALL BE REIMBURSED FOR A CONTRIBUTION MADE TO ANY CANDIDATE COMMITTEE, ISSUE COMMITTEE. POLITICAL COMMITTEE, SMALL DONOR
40 ...... Amendment 27: Campaign Finance COMMITTEE. OR POLITICAL PARTY, NOR SHALL ANY PERSON MAKE SUCH REIMBURSEMENT EXCEPT AS PROVIDED IN SUBSECTION (8) OF THlS SECTION. (12) NO CANDIDATE COMMITTEE, POLITICAL COMMITTEE, SMALL DONOR COMMITTEE, OR POLITICAL PARTY SHALL KNOWINGLY ACCEPT CONTRIBUTIONS FROM: (a) ANY NATURAL PERSON WHO IS NOTA CITIZEN OF THE UNITED STATES; (b) A FOREIGN GOVERNMENT; OR (c) ANY FOREIGN CORPORATION THAT DOES NOT HAVE THE AUTHORITY TO TRANSACT BUSINESS IN THlS STATE PURSUANT TO ARTICLE 115 OF TITLE 7, C.R.S., OR ANY SUCCESSOR SECTION. (13) EACHLlMlT ON CONTRIBUTIONS DESCRIBED IN SUBSECTIONS (I), (2), (3)(a), (3)(b) AND (5) OF THlS SECTION, AND SUBSECTION (14) OF SECTION 2, SHALL BE ADJUSTED BY AN AMOUNT BASED UPON THE PERCENTAGE CHANGE OVER A FOUR YEAR PERIOD IN THE UNITEDSTATES BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR DENVER-BOULDER-GREELEY, ALL ITEMS, ALLCONSUMERS, OR ITS SUCCESSOR INDEX, ROUNDEDTOTHE NEAREST LOWESTTWENTY-FIVE DOLLARS. THEFIRSTADJUSTMENTSHALL BE DONE IN THE FIRST QUARTER OF 2007 AND THEN EVERY FOUR YEARS THEREAFTER. THESECRETARY OF STATE SHALL CALCULATE SUCH AN ADJUSTMENT IN EACH LlMlT AND SPECIFY THE LIMITS IN RULES PROMULGATED IN ACCORDANCEWITH ARTICLE4 OF TlTLE24, C.R.S., OR ANY SUCCESSOR SECTION.
Section 4. Voluntary campaign spending limits. (1) CANDIDATESMAY CERTIFY TO THE SECRETARY OF STATE THAT THE CANDIDATE'S CANDIDATE COMMITTEE SHALL NOT EXCEED THE FOLLOWING SPENDING LIMITS FOR THE APPLICABLE ELECTION CYCLE: (a) TWO AND ONE-HALF MILLION DOLLARS COMBINED FOR A CANDIDATE FOR GOVERNOR AND GOVERNOR AND LIEUTENANT GOVERNOR AS JOINT CANDIDATES UNDER 1-1-104, C.R.S., OR ANY SUCCESSOR SECTION; (b) FIVE HUNDRED THOUSAND DOLLARS FOR A CANDIDATE FOR SECRETARY OF STATE, ATTORNEY GENERAL, OR TREASURER; (c) NINETYTHOUSAND DOLLARS FOR A CANDIDATE FOR THE STATE SENATE; (d) SIXTY-FIVETHOUSAND DOLLARS FOR ACANDIDATE FORTHE STATE HOUSE OF REPRESENTATIVES, STATE BOARD OF EDUCATION, REGENT OF THE UNlVERSlN OF COLORADO,OR DISTRICT ATTORNEY. (2) CANDIDATESACCEPTING THE CAMPAIGN SPENDING LIMITS SET FORTH ABOVESHALLALSOAGREETHATTHEIR PERSONALCONTRIBUTIONSTOTHEIR OWN CAMPAIGN SHALL BE COUNTED AS POLITICAL PARTY CONTRIBUTIONS AND SUBJECT TO THE AGGREGATE LlMlT ON SUCH CONTRIBUTIONS SET FORTH IN SECTION 3 OF THlS ARTICLE. (3) EACH CANDIDATE WHO CHOOSES TO ACCEPT THE APPLICABLE VOLUNTARY SPENDING LIMITSHALLFILEASTATEMENTTOTHAT EFFECTWITH THE SECRETARY OF STATE AT THE TIME THAT THE CANDIDATE FILES A CANDIDATE AFFIDAVIT AS CURRENTLY SET FORTH IN SECTION 1-45-1 10(1), C.R.S., OR ANY SUCCESSOR SECTION. ACCEPTANCEOFTHE APPLICABLEVOLUNTARY SPENDING
Amendment 27: Campaign Finance ...... 41 LIMIT SHALL BE IRREVOCABLE EXCEPT ASSET FORTH IN SUBSECTION (4) OF THlS SECTION AND SHALL SUBJECTTHE CANDIDATE TO THE PENALTIES SET FORTH IN SECTION 10 OF THlS ARTICLE FOR EXCEEDING THE LIMIT. (4) ~FACANDIDATEACCEPTSTHEAPPLICABLESPENDINGLIMITANDANOTHER CANDIDATE FORTHESAMEOFFlCEREFUSESTOACCEPTTHESPENDINGLIMIT,THE ACCEPTING CANDIDATE SHALL HAVE TEN DAYS IN WHICH TO WITHDRAW ACCEPTANCE. THE ACCEPTING CANDIDATE SHALL HAVE THlS OPTION OF WITHDRAWING ACCEPTANCE AFTER EACH ADDITIONAL NON-ACCEPTING CANDIDATE FOR THE SAME OFFICE ENTERS THE RACE. LAB THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN SECTION 3OFTHlS ARTICLE SHALL DOUBLE FOR ANY CANDIDATE WHO HAS ACCEPTED THE APPLICABLE VOLUNTARY SPENDING LlMlT IF: (a) ANOTHER CANDIDATE IN THE RACE FOR THE SAME OFFICE HAS NOT ACCEPTED THE VOLUNTARY SPENDING LIMIT; AND (b) THE NON-ACCEPTING CANDIDATE HAS RAISED MORE THAN TEN PERCENT OF THE APPLICABLE VOLUNTARY SPENDING LIMIT. (6) ONLY THOSE CANDIDATES WHO HAVE AGREED TO ABIDE BY THE APPLICABLEVOLUNTARYSPENDINGLIMITMAYADVERTISETHEIRCOMPLIANCE.ALL OTHER CANDIDATES ARE PROHIBITED FROM ADVERTISING, OR IN ANY WAY IMPLYING, THEIR ACCEPTANCE OF VOLUNTARY SPENDING LIMITS. (7) EACHSPENDING LlMlT DESCRIBED IN SUBSECTION (1) OFTHIS SECTION SHALL BE ADJUSTED BY AN AMOUNT BASED UPON THE PERCENTAGE CHANGE OVERA FOURYEAR PERIODINTHEUNITEDSTATESBUREAUOF LABORSTATISTICS CONSUMER PRICE INDEX FOR DENVER-BOULDER-GREELEY,ALL ITEMS, ALL CONSUMERS, OR ITS SUCCESSOR INDEX, ROUNDED TO THE NEAREST LOWEST TWENTY-FIVE DOLLARS. THEFIRST ADJUSTMENT SHALL BE DONE IN THE FIRST '~UARTEROF~OO~ANDTHENEVERYFOURYEARSTHEREAFTER. THESECRETARY IFSTATE SHALL CALCULATE SUCH AN ADJUSTMENT IN EACH LlMlT AND SPECIFY THE LIMITS IN RULES PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF TITLE !4, C.R.S., OR ANY SUCCESSOR SECTION.
Section 5. Independent expenditures. (1) ANY PERSON MAKING AN NDEPENDENT EXPENDITURE IN EXCESS OF ONE THOUSAND DOLLARS PER 'ALENDAR YEAR SHALL DELIVER NOTICE IN WRITING TO THE SECRETARY OF STATE OF SUCH INDEPENDENT EXPENDITURE, AS WELLASTHE AMOUNT OF SUCH EXPENDITURE,ANDADETAlLEDDESCRlPTlONOFTHEUSEOFSUCH INDEPENDENT EXPENDITURE. THE NOTICE S~~LLSPECIFICALLY STATE THE NAME OF THE CANDlDATEWHOMTHEINDEPENDENT.EXPENDlTUREISlNTENDEDTOSUPPORT0R OPPOSE. EACHINDEPENDENT EXPENDITURE IN EXCESS OF ONE-THOUSAND DOLLARSSHALLREQUIRETHEDELIVERY OF ANEW NOTICE. ANYPERSONMAKING AN INDEPENDENT EXPENDITURE WITHIN THIRTYDAYS OFA PRIMARY OR GENERAL ELECTION SHALL DELIVER SUCH NOTICE WITHIN FORTY-EIGHT HOURS AFTER OBLIGATING FUNDS FOR SUCH EXPENDITURE. ANYPER PERSON MAKING AN INDEPENDENTEXPENDITURE IN EXCESSOFONE THOUSAND DOLLARS SHALL DISCLOSE, IN THE COMMUNICATION PRODUCED BY THE EXPENDITURE, THE NAME OF THE PERSON MAKING THE EXPENDITURE AND THE SPECIFIC STATEMENT THAT THE ADVERTISEMENT OF MATERIAL IS NOT
42 ...... Amendment 27: Campaign Finance AUTHORIZED BY ANY CANDIDATE. SUCH DISCLOSURE SHALL BE PROMINENTLY FEATURED IN THE COMMUNICATION. (3) EXPENDITURESBYANY PERSON ON BEHALFOFACANDIDATE FOR PUBLIC OFFICE THAT ARE COORDINATED WlTH OR CONTROLLED BY THE CANDIDATE OR THE CANDIDATE'S AGENT, OR POLITICAL PARTY SHALL BE CONSIDERED A CONTRIBUTION TO THE CANDIDATE'S CANDIDATE COMMITTEE, OR THE POLITICAL PARTY, RESPECTIVELY. (4) THISSECTION 5 APPLIES ONLY TO INDEPENDENT EXPENDITURES MADE FORTHE PURPOSEOFEXPRESSLYADVOCATINGTHEDEFEATORELECTIONOFANY CANDIDATE.
Section 6. Electioneering communications. (1) ANY PERSON WHO EXPENDS ONE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR ON ELECTlONEERlNGCOMMUNlCATlONSSHALLSUBMlTREPORTSTOTHESECRETARY OF STATE IN ACCORDANCE WITHTHESCHEDULECURRENTLY SETFORTH IN 1-45- 108 (2). C.R.S., OR ANY SUCCESSOR SECTION. SUCH REPORTS SHALLINCLUDE SPENDING ON SUCH ELECTIONEERING COMMUNICATIONS, AND THE NAME, AND ADDRESS, OF ANY PERSON THAT CONTRIBUTES MORE THAN TWO HUNDRED AND FIFTY DOLLARSPERYEAR TOSUCH PERSON DESCRIBEDIN THlS SECTION FOR AN ELECTIONEERING COMMUNICATION. IN THE CASE WHERETHE PERSON ISA NATURAL PERSON, SUCH REPORTS SHALL ALSO INCLUDE THE OCCUPATION AND EMPLOYER OF SUCH NATURAL PERSON. THE LAST SUCH REPORT SHALL BE FILED THIRTY DAYS AFTER THE APPLICABLE ELECTION. (2) NOTWITHSTANDING ANYSECTIONTOTHE CONTRARY, ITSHALLBE UNLAWFUL FORA CORPORATION OR LABOR ORGANIZATION TO PROVIDE FUNDING FOR AN ELECTIONEERING COMMUNICATION; EXCEPTTHAT ANY POLITICAL COMMITTEE OR SMALL DONOR COMMITTEE ESTABLISHED BY SUCH CORPORATION OR LABOR ORGANIZATION MAY PROVIDE FUNDING FOR AN ELECTIONEERING COMMUNICATION.
Section 7. Disclosure. THE DISCLOSURE REQUIREMENTS RELEVANT TO CANDIDATE COMMITTEES, POLITICAL COMMITTEES, ISSUE COMMITTEES, AND POLITICAL PARTIES, THAT ARE CURRENTLY SET FORTH IN SECTION 1-45-1 08, C.R.S., OR ANY SUCCESSOR SECTION, SHALLBE EXTENDED TO INCLUDE SMALL DONOR COMMITTEES. THEDISCLOSURE REQUIREMENTS OF SECTION 1-45-108, C.R.S., OR ANYSUCCESSORSECTION, SHALL BE EXTENDED TOREQUlREDlSCLOSUREOFTHEOCCUPATlONAND EMPLOYER OF EACH PERSON WHO HASMADEACONTRlBUTlONOFONEHUNDREDDOLLARSORMORETOA CANDIDATECOMMITTEE, POLITICALCOMMITTEE, ISSUE COMMITTEE, OR POLITICAL PARN. FOR PURPOSES OF THlS SECTION AND 1-45-108, C.R.S., OR ANY SUCCESSOR SECTION, A POLITICAL PARTY SHALL BE TREATED AS SEPARATE ENTITIES ATTHE STATE, COUNTY, DISTRICT, AND LOCAL LEVELS.
Section 8. Filing -where to file-timeliness. THESECRETARYOFSTATE SHALL PROMULGATE RULES RELATING TO FILING IN ACCORDANCE WlTH ARTICLE 4OFTlTLE 24, C.R.S., OR ANY SUCCESSORSECTION. THERULES PROMULGATED PURSUANTTOTHIS SECTION SHALLEXTENDSECTION 1-45-1 09, C.R.S., OR ANY SUCCESSOR SECTION TO APPLY TO SMALL DONOR COMMITTEES.
Section 9. Duties of the secretary of state -enforcement. (1) THE SECRETARY OF STATE SHALL: (a) PREPARE FORMS AND INSTRUCTIONS TO ASSIST CANDIDATES AND THE PUBLIC IN COMPLYING WlTH THE REPORTING REQUIREMENTS OF THlS ARTICLE ANDMAKESUCH FORMSAND INSTRUCTIONS AVAILABLETOTHE PUBLIC, MUNICIPAL CLERKS, AND COUNTY CLERK AND RECORDERS FREE OF CHARGE; (b) PROMULGATE SUCH RULES, IN ACCORDANCE WITH ARTICLE^ OFTlTLE24, C.R.S., OR ANY SUCCESSOR SECTION, AS MAY BE NECESSARY TO ADMINISTER AND ENFORCE ANY PROVISION OF THlS ARTICLE; (c) PREPARE FORMS FOR CANDIDATES TO DECLARE THEIR VOLUNTARY ACCEPTANCE OF THE CAMPAIGN SPENDING LIMITS SET FORTH IN SECTION 4 OF THlS ARTICLE. SUCHFORMS SHALL INCLUDE AN ACKNOWLEDGMENT THAT THE CANDIDATE VOLUNTARILY ACCEPTS THE APPLICABLE SPENDING LIMIT AND THAT THE CANDIDATE SWEARS TO ABIDE BY THOSE SPENDING LIMITS. THESEFORMS SHALLBE SIGNED BYTHE CANDIDATE UNDER OATH, NOTARIZED, FILED WlTH THE SECRETARY OF STATE, AND AVAILABLE TO THE PUBLIC UPON REQUEST; (c) MAINTAIN A FILING AND INDEXING SYSTEM CONSISTENT WlTH THE PURPOSES OF THlS ARTICLE; (e) MAKE THE REPORTS AND STATEMENTS FILED WlTH THE SECRETARY OF STATE'S OFFICE AVAILABLE IMMEDIATELY FOR PUBLIC INSPECTION AND COPYING. THESECRETARY OF STATE MAY CHARGE A REASONABLE FEE FOR PROVIDING COPIES OF REPORTS. NO INFORMATION COPIED FROM SUCH REPORTSSHALL BE SOLD OR USED BY ANY PERSON FOR THE PURPOSE OF SOLICITING CONTRIBUTIONS OR FOR ANY COMMERCIAL PURPOSE; (f) REFER ANY COMPLAINTS FILED AGAINST ANY CANDIDATE FOR THE OFFICE OF SECRETARYOF STATETOTHEATTORNEY GENERAL.ANYADMINISTRATIVELAW JUDGE EMPLOYED PURSUANTTO THlS SECTION SHALL BE APPOINTED PURSUANT TO PART 10 OF ARTICLE 30 OFTITLE 24, C.R.S., OR ANY SUCCESSOR SECTION. ANY HEARING CONDUCTED BY AN ADMINISTRATIVE LAW JUDGE EMPLOYED PURSUANT TO SUBSECTION (2) OF THlS SECTION SHALL BE CONDUCTED IN ACCORDANCE WlTH THE PROVISIONS OF SECTION 24-4-105, C.R.S., OR ANY SUCCESSOR SECTION. (2) (a) ANY PERSON WHO-BELIEVES THAT A VIOLATION OF SECTION 3, SECTION 4, SECTION 5, SECTIOfd 6, SECTION 7,OR SECTION 9 (1) (e), OF THlS ITICLE,OROFSECTlONS 1-45-10&, 1-45-1 14,l-45-115,OR 1-45-117C.R.S., R ANY SUCCESSOR SECTIONS, HASOCCURRED MAY FILE AWRITTEN COMPLAINT 'ITH THE SECRETARY OF STATE NO LATER THAN ONE HUNDRED EIGHTY DAYS -,'TER THE DATE OF THE ALLEGED VIOLATION. THESECRETARY OF STATE SHALL REFER THE COMPLAINT TO AN ADMINISTRATIVE LAW JUDGE WITHIN THREE DAYS OFTHE FILING OFTHE COMPLAINT. THEADMINISTRATIVE LAWJUDGESHALL HOLD A HEARING WITHIN FIFTEEN DAYS OF THE REFERRAL OF THE COMPLAINT, AND SHALL RENDER A DECISION WITHIN FIFTEEN DAYS OF THE HEARING. THE DEFENDANT SHALL BE GRANTED AN EXTENSION OF UP TO THIRTY DAYS UPON DEFENDANT'S MOTION, OR LONGER UPON A SHOWING OF GOOD CAUSE. IF THE
44 ...... Amendment 27: Campaign Finance ADMINISTRATIVE LAWJUDGEDETERMINESTHATSUCH VIOLATION HASOCCURRED, SUCH DECISION SHALL INCLUDE ANY APPROPRIATEORDER, SANCTION, OR RELIEF AUTHOR~ZEDBYTH~SARTICLE.THEDECIS~ONOFTHEADMINISTRATIVELAWJUDGE SHALLBE FINALANDSUBJECTTOREVIEW BYTHECOURTOFAPPEALS, PURSUANT TO SECTION 244-106 (?I), C.R.S., OR ANY SUCCESSOR SECTION. THE SECRETARY OF STATE AND THE ADMINISTRATIVE LAW JUDGE ARE NOT NECESSARY PARTIES TO THE REVIEW. THEDECISION MAYBE ENFORCED BY THE SECRETARY OF STATE, OR, IF THE SECRETARY OF STATE DOES NOT FILE AN ENFORCEMENT ACTION WITHIN THIRTY DAYS OF THE DECISION, IN A PRIVATE CAUSE OF ACTION BY THE PERSON FILINGTHE COMPLAINT. ANYPRIVATE ACTION BROUGHT UNDER THlS SECTION SHALL BE BROUGHT WITHIN ONE YEAR OF THE DATE OFTHEVIOLATION IN STATE DISTRICTCOURT. THEPREVAILING PARTY IN A PRIVATE ENFORCEMENTACTION SHALLBE ENTITLEDTOREASONABLE ATTORNEYS FEES AND COSTS. EN THE ATTORNEY GENERALSHALLINVESTIGATECOMPLAINTS MADE AGAINST ANY CANDIDATE FOR THE OFFICE OF SECRETARY OF STATE USING THE SAME PROCEDURES SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2). COMPLAINANTSHALL HAVE THE SAME PRIVATE RIGHT OF ACTION AS UNDER PARAGRAPH (a) OF THlS SUBSECTION (2). (c) A SUBPOENA ISSUED BY AN ADMINISTRATIVE LAW JUDGE REQUIRING THE PRODUCTION OF DOCUMENTS BY AN ISSUE COMMITTEE SHALL BE LIMITED TO DOCUMENTS PERTAINING TO CONTRIBUTIONS TO, OR EXPENDITURES FROM, THE COMMITTEE'S SEPARATE ACCOUNT ESTABLISHED PURSUANTTO SECTION 3(9) OFTHIS ARTICLETO SUPPORT OR OPPOSE A BALLOT ISSUE OR BALLOT QUESTION. A SUBPOENA SHALL NOTBE LIMITED IN THISMANNERWHERE SUCH ISSUECOMMITTEE FAILSTO FORM A SEPARATE ACCOUNT THROUGH WHICH A BALLOT ISSUE OR BALLOT QUESTION IS SUPPORTED OR OPPOSED.
Section 10. Sanctions. (1) ANY PERSON WHO VIOLATES ANY PROVlSlONOFTHISARTlCLE RELATINGTOCONTRIBUTIONORVOLUNTARY SPENDING LIMITS SHALL BE SUBJECT TO A CIVIL PENALN OF AT LEAST DOUBLEANDUPTOFIVETIMESTHEAMOUNTCONTRIBUTED, RECEIVED, ORSPENT IN VIOLATION OF THE APPLICABLE PROVISION OF THIS ARTICLE. CANDIDATES SHALL BE PERSONALLY LIABLE FOR PENALTIES IMPOSED UPON THE CANDIDATE'S COMMITTEE. (2) (a) THE APPROPRIATE OFFICER SHALL IMPOSE A PENALN OF FIFTY DOLLARS PER DAY FOR EACH DAY THAT A STATEMENT OR OTHER INFORMATION REQUIRED TO BE FILED PURSUANT TO SECTION 5, SECTION 6, OR SECTION 7 OF THISARTICLE, OR SECTIONS 1-45-108.1-45-109OR 1-45-1 10, C.R.S., ORANY SUCCESSOR SECTIONS, IS NOT FILED BY THE CLOSE OF BUSINESS ON THE DAY DUE. UPONIMPOSITION OFA PENALTY PURSUANTTO THlS SUBSECTION (2), THE APPROPRIATE OFFICER SHALL SEND THE PERSON UPON WHOM THE PENALN IS BEING IMPOSED PROPER NOTIFICATION BY CERTIFIED MAILOFTHE IMPOSITION OF THE PENALTY. IFAN ELECTRONICMAILADDRESS ISON FILEWITHTHE SECRETARY OF STATE, THE SECRETARY OF STATE SHALL ALSO PROVIDE SUCH NOTIFICATION BY ELECTRONIC MAIL. REVENUESCOLLECTED FROM FEES AND PENALTIES
Amendment 27: Campaign Finance ...... 45 ASSESSED BYTHE SECRETARY OF STATEOR REVENUES COLLECTED INTHE FORM OF PAYMENT OF THE SECRETARY OF STATE'S ATTORNEY FEES AND COSTS PURSUANTTOTHISARTICLE SHALL BE DEPOSITED IN THE DEPARTMENT OF STATE CASH FUND CREATED IN SECTION 24-21-104 (3), C.R.S., OR ANY SUCCESSOR SECTION. (b) (I) ANY PERSON REQUIRED TO FILE A REPORT WlTH THE SECRETARY OF STATE AND UPON WHOM A PENALTY HAS BEEN IMPOSED PURSUANT TO THlS SUBSECTION (2) MAY APPEALSUCH PENALTY BY FlLlNG A WRITTEN APPEAL WlTH THESECRETARYOFSTATENOLATERTHANTHIRTYDAYSAFTERTHEDATEON WHICH NOTIFICATION OF THE IMPOSITION OF THE PENALTY WAS MAILED TO SUCH PERSON'SLASTKNOWNADDRESSINACCORDANCEWITH PARAGRAPH (a) OFTHIS SUBSECTION (2). EXCEPTASPROVIDED IN PARAGRAPH (c) OFTHlS SUBSECTION (2), THE SECRETARY SHALL REFER THE APPEAL TO AN ADMINISTRATIVE LAW JUDGE. ANY HEARING CONDUCTED BY AN ADMINISTRATIVE LAW JUDGE PURSUANTTOTH~SSUBSECT~ON(~)SHALLBECONDUCTED~NACCORDANCEW~TH THE PROVISIONS OF SECTION 24-4-1 05, C.R.S., OR ANY SUCCESSOR SECTION. THEADMINISTRATIVE LAW JUDGE SHALL SET ASIDE OR REDUCE THE PENALTY UPON A SHOWING OF GOOD CAUSE, AND THE PERSON FlLlNG THE APPEAL SHALL BEAR THE BURDEN OF PROOF. THE DECISION OF THE ADMINISTRATIVE LAW JUDGE SHALL BE FINAL AND SUBJECT TO REVIEW BY THE COURT OF APPEALS PURSUANT TO SECTION 24-4-106 (1 I),C.R.S., OR ANY SUCCESSOR SECTION. (11) IF THE ADMINISTRATIVE LAW JUDGEFINDSTHATTHE FlLlNG OF AN APPEAL BROUGHT PURSUANT TO SUBPARAGRAPH (I) OF THlS PARAGRAPH (b) WAS FRIVOLOUS, GROUNDLESS, OR VEXATIOUS, THE ADMINISTRATIVE LAW JUDGE SHALL ORDER THE PERSON FlLlNG THE APPEALTO PAY REASONABLE ATTORNEY FEES AND COSTS OF THE SECRETARY OF STATE IN CONNECTION WlTH SUCH "ROCEEDING. (c) UPON RECEIPT BY THE SECRETARY OF STATE OF AN APPEAL PURSUANT r0 PARAGRAPH (b) OF THlS SUBSECTION (2). THE SECRETARY SHALL SET ASIDE JR REDUCE THE PENALTY UPON A SHOWING OF GOOD CAUSE. (d) ANY UNPAID DEBT OWING TO THE STATE RESULTING FROM A PENALTY IMPOSED PURSUANT TO THlS SUBSECTION (2) SHALL BE COLLECTED BY THE STATE IN ACCORDANCE WlTH THE REQUIREMENTS OF SECTION 24-30-202.4, C.R.S., OR ANY SUCCESSOR SECTION. (3) FAILURETOCOMPLY WlTH THE PROVISIONS OFTHlS ARTICLE SHALL HAVE NO EFFECTON THE VALlDllY OF ANY ELECTION.
Section 11. Conflicting provisions declared inapplicable. ANY PROVISIONS IN THE STATUTES OF THlS STATE IN CONFLICT OR INCONSISTENT WITHTHIS ARTICLEARE HEREBYDECLAREDTO BE INAPPLICABLETOTHEMATERS COVERED AND PROVIDED FOR IN THlS ARTICLE.
Section 12. Repeal of conflicting statutory provisions. SECTIONS1- I 45-103,1-45-105.3,1-45-107,1-45-111, AND 1-45-113ARE REPEALED.
Section 13. APPLICABILITY AND EFFECTIVE DATE. THEPROVISIONS OFTHlS ARTICLE SHALLTAKE EFFECTON DECEMBER6, AS P AND BE APPLICABLE
46 ...... Amendment 27: Campaign Finance FOR ALLELECTIONSTHEREAFTER. LEGISLATION MAY BE ENACTED TO FACILITATE ITS OPERATIONS, BUT IN NO WAY LIMITING OR RESTRICTING THE PROVISIONS OF THlS ARTICLE OR THE POWERS HEREIN GRANTED.
Section 14. Severability. IF ANY PROVISION OF THlS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, SUCH INVALIDIN SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUTTHE INVALID PROVISION OR APPLICATION, ANDTOTHIS ENDTHE PROVISIONS OFTHISARTICLE ARE DECLARED TO BE SEVERABLE.
AMENDMENT28 MAIL BALLOTELECTIONS
Ballot Title: An amendment to the Colorado Revised Statutesconcerning the conduct of elections using mail-in ballots, and, in connection therewith, replacing existing statutory provisions relating to mail ballot elections with provisions governing "automatic absentee ballot elections"; requiring that, after January 1, 2005, any election held on the same day as any primary, general, congressional vacancy, special legislative, partisan officer recall, or other November coordinated election, be conducted as an automatic absentee ballot election; permitting other elections and elections held before January 1, 2005 to be conducted as automatic absentee ballot elections; requiring an election official who conducts an automatic absentee ballot election to submit a plan for the election to be approved by the secretary of state; specifying requirements for the delivery and return of ballots in an automatic absentee ballot election, including provisions for ballot drop-off sites, polling booth locations, and the issuance and return of replacement ballots; specifying requirements for ballot qualification in an automatic absentee ballot election, including the verification of voters' signatures and the counting of such ballots; specifying that interference with the delivery of a ballot in an automatic absentee ballot election to the designated election official is an election offense; and increasing penalties for specified election offenses.
Text of Proposal:
Be it Enacted by the People of the State of Colorado:
SECTION I.Article 7.5 of title 1, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
Amendment 28: Mail Ballot Elections ...... 47 1-7.5-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "AUTOMATIC ABSENTEEBALLOT ELECTION ACT".
1-7.5-102. Legislative declaration. THE PEOPLE OF THE STATE OF COLORADO HEREBY FIND, DETERMINE, AND DECLARE THAT SELF-GOVERNMENT BY ELECTION IS MORE LEGITIMATE AND BETTER ACCEPTED AS VOTER PARTICIPATION INCREASES. THE PEOPLE FURTHER FIND, DETERMINE, AND DECLARE THAT MAIL BALLOT ELECTIONS SUCH AS THE AUTOMATIC ABSENTEE BALLOTELECTlONSTOBECONDUCTEDUNDERTHlSARTlCLEARECOST-EFFICIENT AND HAVE NOTRESULTED IN INCREASED FRAUD. BYENACTINGTHISARTICLE, THE PEOPLE CONCLUDE THAT IT IS APPROPRIATE TO PROVIDE FOR AUTOMATIC ABSENTEE BALLOT ELECTIONS UNDER THE CONDITIONS SET FORTH IN THlS ARTICLE.
1-7.5-103. Definitions. AS USED IN THlS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "AUTOMATICABSENTEE BALLOT ELECTION" MEANS AN ELECTION CONDUCTED PURSUANT TO THlS ARTICLE. (2) "DESIGNATEDELECTION OFFICIALWSHALLHAVE THE MEANING SET FORTH INSECTION 1-1-104(8),ANDSHALLINCLUDEALLDESlGNEESOFTHEDESlGNATED ELECTION OFFICIAL. IN A COORDINATED ELECTION AND AS PROVIDED BY I INTERGOVERNMENTAL AGREEMENT, THE COUNTY CLERK AND RECORDER SHALL BE CONSIDERED THE DESIGNATED ELECTION OFFICIAL FOR PURPOSES OF THlS ARTICLE. (3) "ELECTION"MEANS ANY ELECTION UNDER THE "UNIFORMELECTION CODEOF 1992" OR THE "COLORADOMUNICIPAL ELECTION CODE OF 1965", ARTICLE 10 OF TITLE 31, C.R.S. 1 (4) "ELECTIONDAY" MEANS THE DATE EITHER ESTABLISHED BY LAW OR DETERMINED BY THE GOVERNING BODY OF THE POLITICAL SUBDIVISION CONDUCTING THE ELECTION TO BE THE FINAL DAY ON WHICH ALL BALLOTS ARE DETERMINEDTO BE DUE, AND THE DATE FROM WHICH ALL OTHER DATES IN THlS ARTICLE ARE SET. (5) "POLITICALSUBDIVISION" MEANS A GOVERNING SUBDIVISION OF THE STATE AND INCLUDES COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL DISTRICTS. (6) "POLLINGBOOTH LOCATION" MEANS A LOCATION WHERE ELIGIBLE ELECTORS MAY CAST THEIR VOTES IN A PRIVATE POLLING BOOTH ON ELECTION DAY. . (7) "RETURNVERIFICATION ENVELOPE" MEANSTHE ENVELOPE PROVIDED IN THE ABSENTEE BALLOT PACKET FOR THE RETURN OF THE BALLOT. (8) "SECRECYENVELOPE~MEANSTHE SEALABLE ENVELOPE PROVIDEDINTHE ABSENTEE BALLOT PACKETTO CONCEALAND MAINTAIN THE CONFIDENTIALINOF THE BALLOT. (9) "SECUREDROP-OFF SITE" MEANS A SECURE, STAFFED LOCATION AT WHICH ELIGIBLE ELECTORS MAY DEPOSIT THEIR ABSENTEE BALLOTS INTO A PLAINLY-MARKED, LOCKED AND SEALED BALLOT BOX USED SOLELY FOR THE
48 ...... Amendment 28: Mail Ballot Elections PURPOSE OF RETURNING ABSENTEE BALLOTS TO THE DESIGNATED ELECTION OFFICIAL.
1-7.5-104. Elections required or eligible to be conducted by a~torllaticabsentee ballot. (1) ANYELECTION CONDUCTEDAFTER JANUARY 1,2005 IN CONJUNCTION WITH OR ON THE SAME DAY AS A PRIMARY ELECTION, PRESIDENTIALPRIMARYELECTION.CONGRESSIONALVACANCY ELECTION, SPECIAL LEGISLATIVE ELECTION, PARTISAN OFFICER RECALL ELECTION, GENERAL ELECTION. OROTHER NOVEMBERCOORDINATED ELECTION SHALLBE CONDUCTED BY AUTOMATIC ABSENTEE BALLOT PURSUANT TO THlS ARTICLE. (2) THEGOVERNING BODY OF ANY POLITICALSUBDIVISION CONDUCTING AN ELECTION PRIOR TO JANUARY1,2005 OR AN ELECTION WHICH IS OTHERWISE NOT DESCRIBED IN SUBSECTION (1) MAY DECIDE THAT THE ELECTION SHALL BE CONDUCTED BY AUTOMATIC ABSENTEE BALLOT. (3) AUTOMATICABSENTEE BALLOT ELECTIONS SHALL BE CONDUCTED AS PROVIDED IN THlS ARTICLE AND ANY OTHER APPLICABLE LAW OR RULES GOVERNING ELECTIONS. IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THlS ARTICLE AND ANY OTHER APPLICABLE LAW, THE PROVISIONS OF THlS ARTICLE SHALL GOVERN.
1-7.5-105.Secretary of state and designated election official -duties and powers. (1) THESECRETARYOFSTATESHALLSUPERVISE AUTOMATIC ABSENTEE BALLOT ELECTIONS AND PROMULGATE SUCH RULES AS ARE REASONABLE AND NECESSARY TO IMPLEMENT THlS ACT AND TO PROVIDE FOR THE EFFICIENT, UNIFORM, AND SECURE CONDUCT OFELECTIONSCONDUCTEDUNDERTHISACT. ANYRULESPROMULGATED BY THE SECRETARY OF STATE HEREUNDER SHALL BE PROMULGATED IN ACCORDANCE WlTH ARTICLE 4 OF TITLE 24, C.R.S. (2) THE DESIGNATED ELECTION OFFICIAL SHALL, IN ACCORDANCE WITH RULES PROMULGATED BY THE SECRETARY OF STATE, SUPERVISE THE PRODUCTION. DISTRIBUTION. HANDLING. COUNTING. AND SECURITY OF THE BALLOTS, AND THE SURVEY OF RETURNS, AND SHALL TAKE THE NECESSARY STEPS TO PROTECT THE CONFIDENTIALITY OF THE BALLOTS CAST AND THE INTEGRITYOF THE ELECTION.
1-7.5-106. Submission of proposed plan to secretary of state. (1) NOLATERTHANSEVENTY-FIVEDAYSBEFORETHEAUTOMATICABSENTEE BALLOT ELECTION, THE DESIGNATED ELECTION OFFICIAL SHALL GIVE NOTICE OF THE ELECTION TO THE SECRETARYOF STATE AND THE CLERK AND RECORDER OF THE COUNTY IN WHICH THE ELECTION IS TO BE HELD. IF THE ELECTION REQUIRES THAT ELIGIBLE ELECTORS OWN TAXABLE PROPERTY, NOTICE SHALL ALSO BE GlVENTOTHECOUNPlASSESSOROFTHECOUNNINWHlCHTHEELECTlON ISTO BE HELD. (2) THE NOTIFICATION TO THE SECRETARY OF STATE SHALL INCLUDE A PROPOSEDPLAN FOR CONDUCTINGTHEAUTOMATICABSENTEEBALLOTELECTION. A DESIGNATED ELECTION OFFICIAL RESPONSIBLE FOR THE CONDUCT OF A COORDINATED ELECTION MAY SUBMIT A SINGLE PLAN ON BEHALF OF THE
Amendment 28: Mail Ballot Elections ...... 49 POLITICAL SUBDIVISIONS INVOLVED IN THE COORDINATED ELECTION. THEPLAN SHALLBE BASEDONASTANDARDPLAN FORMATPRESCRIBEDBYTHE SECRETARY OF STATE THAT SETS FORTH BEST PRACTICES AND ACCEPTABLE ALTERNATIVE PRACTICES WlTH RESPECT TO ALL STAGES OF THE CONDUCT OF AUTOMATIC ABSENTEE BALLOT ELECTIONS. PROPOSEDPLANS SHALL INCLUDE ALL INFORMATION REQUIRED BY RULES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (a) A DESCRIPTION OF PROCEDURES TO BE USED TO ENSURE BALLOT CONFIDENTIALITY AND SECURINAT ALL STAGES OF THE PROCESS; (b) A DESCRIPTION OF PROCEDURES TO BE USED TO UPDATE OUTDATED REGISTRATION ADDRESSES PRIOR TO THE MAILING OF BALLOTS, WHICH SHALL INCLUDE BUT IS NOT LIMITEDTO AN ANNUALMAILING OF A VOTER CONFIRMATION CARDCONSISTENTWITHTHEREQUIREMENTSOFPARAGRAPH(b) OFSUBSECTION (6) OF SECTION 1-2-605 TO EACH ELIGIBLE ELECTOR WHOSE REGISTRATION RECORD HAS BEEN MARKED "INACTIVE" FORA REASON OTHERTHAN THAT PRIOR MAILADDRESSEDTOTHEELIGIBLEELECTORWAS RETURNEDASUNDELIVERABLE; (c) A DESCRIPTION OF PROCEDURES FOR COORDINATING BALLOT DELIVERY AND RETURN WlTH THE UNITEDSTATES POSTAL SERVICE; (d) lDENTlFlCATlON OF SECURE DROP-OFF SITE LOCATIONS FOR ELIGIBLE ELECTORS WISHING TO DEPOSIT THEIR BALLOTS AT SUCH SITES, AND A DESCRIPTION OF THE PROCEDURES TO BE USED TO ENSURE THE SECURITY OF BALLOTS DEPOSITED AT SUCH SITES; (e) lDENTlFlCATlON OF POLLING BOOTH LOCATIONS TO BE MAINTAINED PURSUANTTO SECTION 1-7.5-1 11 (4) AND THE PRECINCTSTO BE ASSIGNED TO EACH POLLING BOOTH LOCATION, AND A DESCRIPTION OF THE PROCEDURES TO BE USED FOR VOTING AT POLLING BOOTH LOCATIONS; (0 A DESCRIPTION OF THE PROCEDURES AND LOCATIONS TO BE USED FOR ISSUING REPLACEMENT BALLOTSAND BALLOTS FOR ELIGIBLE ELECTORSWHO DID NOT RECEIVE MAILED BALLOTS; (g) WHETHERRETURN VERIFICATION ENVELOPES WILL CONCEAL ELECTOR SIGNATURES; (h) ADESCRlPTlONOFTHEPROCEDURESTOBEUSEDTOQUALIFYRETURNED BALLOTS FOR COUNTING, INCLUDING THE PROCEDURES TO BE USED FOR VERIFYING ELECTOR SIGNATURES; (i) A DESCRIPTION OF THE PROCEDURES TO BE FOLLOWED FOR PROVISIONAL, CHALLENGED, DEFECTIVE, AND REJECTED BALLOTS; (i) A DESCRIPTION OFTHE MEASURESTO BETAKEN TO PROVIDE ASSISTANCE TO ELIGIBLE ELECTORS WHO REQUEST ASSISTANCE IN COMPLETING THEIR BALLOTS; (k) A DESCRIPTION OF PROCEDURES TO BE USED TO RECONCILE BALLOTS ISSUED, BALLOTS RECEIVED, DEFECTIVEBALLOTS, AND REPLACEMENT BALLOTS, INCLUDINGA DESCRIPTION OF PROCEDURESTO BE USEDTO PREVENT ELECTORS FROM VOTING MORE THAN ONCE; AND (I) A DESCRIPTION OF PUBLIC OUTREACH EFFORTS TO BE MADE FOR THE PURPOSEOFEDUCATlNGELlGlBLEELECTORSCONCERNlNGTHEMEANSBYWHICH BALLOTS MAY BE RECEIVED AND CAST IN THE ELECTION, AND TO OTHERWISE MAXIMIZE VOTER PARTICIPATION IN THE ELECTION.
50 ...... Amendment 28: Mail Ballot Elections
- p~- - (3)(a) WITHINFIFTEEN DAYS AFTER RECEIVING THE PROPOSED PLAN, THE SECRETARY OF STATE SHALL PROVIDE WRITTEN NOTICE OF APPROVAL OR DISAPPROVAL OF THE PLAN AND THE REASONS THEREFOR TO THE DESIGNATED ELECTION OFFICIAL AND TO EACH POLITICAL SUBDIVISION INVOLVED IN THE ELECTION. THE SECRETARY OF STATE SHALL APPROVE ALL PLANS THAT CONFORM TO THE REQUIREMENTS OF THlS ARTICLE AND THE RULES PROMULGATED HEREUNDER, ANDSUCH APPROVALSHALLNOTBEUNREASONABLY WITHHELD. (b) IN THE CASE OFA PLAN THAT IS REJECTEDFOR FAILURETOCONFORMTO THE REQUIREMENTS OF THlS ARTICLE AND THE RULES PROMULGATED HEREUNDER, THE SECRETARY OF STATE SHALL HAVE THE AUTHORITY, AFTER CONSULTATION WlTH THE DESIGNATED ELECTION OFFICIAL, TO MAKE REASONABLE BINDING CHANGES TO THE PLAN TO BRING IT INTO CONFORMITY WlTH STATE LAW.
1-7.5-107. Preparation and submission of list of electors. THE PREPARATION AND SUBMISSION OF THE LIST OF REGISTERED ELECTORS IN AN AUTOMATIC ABSENTEE BALLOT ELECTION SHALL BE HANDLED AS PROVIDED IN SECTIONS 1-5-301 TO 1-5-304 AND IN RULES PROMULGATED BY THE SECRETARY OF STATE.
1-7.5-108. Public notice of automatic absentee ballot election. (1) NO LATER THAN TWENTY-FIVE DAYS BEFORE ELECTION DAY, THE DESIGNATED ELECTION OFFICIAL SHALL PROVIDE NOTICE BY PUBLICATION OF THE ELECTION. THE NOTICE SHALL STATE THE RELEVANT ITEMS SET FORTH IN PARAGRAPHS (a)TO (d) OF SUBSECTION (1)OF SECTION 1-5-205. (2)THE NOTICE REQUIRED TO BE GIVEN BY THlS SUBSECTION (1) SHALL BE IN LIEU OF THE NOTICE REQUIREMENTS SET FORTH IN SECTION 1-5-205(1) AND SECTION 31-10-501(1). C.R.S.
1-7.5-109. Delivery of absentee ballots. (l)(a) NO SOONER THANTWENN-FIVE DAYS AND NO LATER THAN EIGHTEEN DAYS BEFORE ELECTION DAY, THE DESIGNATED ELECTION OFFICIAL SHALL MAIL AN ABSENTEE BALLOT PACKET TO EACH ACTIVE REGISTERED ELECTOR. IN THE CASE OF PRIMARY ELECTIONS, THE ABSENTEE BALLOT PACKET SHALL BE MAILED ONLY TO EACH ACTIVE REGISTERED ELECTOR WHO HAS DECLARED A MAJOR POLITICAL PARTY AFFILIATION. (b) ABSENTEEBALLOT PACKETS SHALL BE MAILED NO LATER THAN THIRTY DAYS BEFORE ELECTION DAYTO REGISTERED ELECTORS RESIDINGATLOCATIONS OTHER THAN THE ADDRESSES CONTAINED IN THEIR REGISTRATION RECORDS WHO HAVE TIMELY FILED AN APPLICATION FOR AN ABSENTEE BALLOT PURSUANT TOSECTION 1-8-104. THEOBLIGATIONSOFTHE DESIGNATED ELECTION OFFICIAL UNDER SUBSECTION (1)OF SECTION 1-8-111 WlTH RESPECTTO A REGISTERED ELECTOR WHO HAS TIMELY FILEDAN APPLICATION FOR DELIVERY OFAN ABSENTEE BALLOTTO HIS OR HER RESIDENCE OF RECORD PURSUANTTO SECTION 1-8-104 SHALL BE FULFILLED BY DELIVERY OF AN ABSENTEE BALLOT PACKET TO SUCH
Amendment 28: Mail Ballot Elections ...... 51 ELECTORPURSUANTTOPARAGRAPH (a) OFTHlSSECTION,ANDTHE DESIGNATED ELECTION OFFICIAL SHALL ENSURE THAT DUPLICATE BALLOTS ARE NOT SENT TO SUCH ELECTORS. NOTWITHSTANDINGANYTHING TO THE CONTRARY IN THlS ARTICLE, THE PROVISIONS OFSECTIONS 1-8-103,1-8-116, AND 1-8-1 17SHALL APPLY TO ANY ELIGIBLE ELECTORS COVERED BY THE FEDERAL~~NIFORMEDAND OVERSEAS CITIZENSABSENTEEVOTINGACT",42 U.S.C. SEC. 1973ff ETSEQ. (c) THE ABSENTEE BALLOT PACKET SHALL INCLUDE AN ABSENTEE BALLOT, INSTRUCTIONS FOR COMPLETING AND RETURNING THE BALLOT, A SECRECY ENVELOPE, ANDA RETURN VERIFICATION ENVELOPE. INADDITION TOANYOTHER INFORMATION REQUIRED TO BE CONTAINED IN THE ABSENTEE BALLOT PACKET. THE PACKET SHALL ALSO INCLUDE SUFFICIENT INFORMATION TO ENABLE THE ELIGIBLE ELECTOR TO KNOW THE AMOUNT OF POSTAGE REQUIRED FOR RETURNING THE BALLOT BY MAIL IN THE RETURN VERIFICATION ENVELOPE. NO ELECTOR INFORMATION SHALL BE DELIVERED IN THE FORM OF A SAMPLE BALLOT. (d) THEENVELOPE CONTAINING THE ABSENTEE BALLOT PACKET SHALL BE MARKED "DO NOT FORWARD. RETURN SERVICE REQUESTED", OR ANY OTHER SIMILAR STATEMENT PROVIDING THAT THE ENVELOPE IS NOT FORWARDABLETHATIS IN ACCORDANCE WlTH UNITEDSTATESPOSTAL SERVICE REGULATIONS, AND SHALL INCLUDE A WARNING SUBSTANTIALLY IN THE FOLLOWING FORM: "WARNING:
ANYPERSONWHO, BY USEOFFORCEOROTHERMEANS, UNDULY INFLUENCESAN ELIGIBLE ELECTOR TO VOTE IN ANY PARTICULAR MANNER OR TO REFRAIN FROM VOTING, OR WHO FALSELY MAKES, ALTERS, FORGES, OR COUNTERFEITS ANY ABSENTEE BALLOT BEFORE OR AFTER IT HAS BEEN CAST, OR WHO DESTROYS, DEFACES, MUTILATES, OR TAMPERS WlTH A BALLOT, OR WHO INTERFERES WlTH THE DELIVERY OFA BALLOTTOTHE DESIGNATED ELECTION OFFICIALISSUBJECT, UPON CONVICTION AND FOR EACH OFFENSE, TO IMPRISONMENT FOR UP TO EIGHTEEN MONTHS, OR TO A FINE OF UP TO $10,000 OR BOTH."
(f!) THERETURN VERIFICATION ENVELOPE SHALL HAVE ON IT CLEARLY MARKED SPACES FOR THE ELIGIBLE ELECTOR TO PRINT HIS OR HER NAME, ADDRESS,ANDTHECURRENTDATE,ANDSHALLALSO HAVEPRINTEDONITASELF- AFFIRMATION SUBSTANTIALLY IN THE FOLLOWING FORM:
"I STATE UNDER PENALTY OFFERJURYTHAT I AM ELIGIBLE TO VOTE IN THlS ELECTION; THAT MY NAME AND ADDRESS ARE AS SHOWN ON THlS ENVELOPE; AND THAT I HAVE NOT AND WILL NOT CAST ANY VOTE IN THlS ELECTION EXCEPT BY THE ENCLOSED BALLOT; AND THAT MY BALLOT IS ENCLOSED IN ACCORD WlTH THE PROVISIONS OF THE "UNIFORM ELECTIONCODEOF 1992". 1 UNDERSTANDTHATMYSIGNATUREWILL BE VERIFIED AGAINST CURRENT REGISTRATION RECORDS.
52 ...... Amendment 28: Mail Ballot Elections (f) THESIGNING OF THE SELF-AFFIRMATION ON THE RETURN VERIFICATION ENVELOPE SHALL CONSTITUTE AN AFFIRMATION BY THE VOTER, UNDER PENALTY OF PERJURY, THAT THE FACTS STATED ON THE SELF-AFFIRMATION ARE TRUE. (g) THE SECRECY ENVELOPE AND THE BALLOT SHALL NOT CONTAIN ANY MARKINGS THAT COULD BE USED TO DETERMINE THE IDENTITY OF THE ELIGIBLE ELECTOR. (2) NO SOONER THAN TWENTY-FIVE DAYS PRIOR TO ELECTION DAY, NOR LATER THAN 7 P.M. ON ELECTION DAY, ABSENTEE BALLOTS SHALL BE MADE AVAILABLE AT ONE OR MORE LOCATIONS AUTHORIZED BY THE DESIGNATED I ELECTION OFFICIAL FOR ELIGIBLE ELECTORS WHO ARE AUTHORIZED TO VOTE PURSUANTTO APPLICABLE LAW BUT WHO WERE NOTSENT AN ABSENTEE BALLOT 1 PURSUANT TO SUBPARAGRAPH 1(a) OF THlS SECTION. THEPROCEDURES FOR ISSUING ORIGINAL ABSENTEE BALLOTS TO SUCH ELECTORS SHALL BE THE SAME AS THE PROCEDURES FOR ISSUING REPLACEMENT BALLOTS PURSUANT TO SECTION 1-7.5-1 10. (3) NO LATER THAN TEN DAYS PRIOR TO ELECTION DAY, THE DESIGNATED ELECTION OFFICIAL SHALL PROVIDE NOTICE BY PUBLICATION OR OTHERWISE PUBLICIZE THAT BALLOTS WERE PREVIOUSLYMAILED TO ACTIVE ELIGIBLE ELECTORS PURSUANT TO THlS SECTION. THE NOTICE OR PUBLIC STATEMENT SHALL STATE THE MANNER IN WHICH AN ELIGIBLE ELECTOR WHO DID NOT RECEIVEA BALLOT BY MAlL MAY APPLY FOR AND RECEIVEA BALLOT PRIOR TO THE ELECTION.
1-7.5-110. Replacement ballots. (1) AN ELIGIBLE ELECTOR MAY OBTAIN A REPLACEMENT BALLOT IF THE BALLOT WAS DESTROYED, SPOILED, LOST, OR NOT RECEIVED BY THE ELIGIBLE ELECTOR. IN ORDER TO OBTAIN A BALLOT IN SUCH CASES, THE ELIGIBLE ELECTOR MUSTSIGN A STATEMENT SPECIFYING THE REASON FOR REQUESTING THE BALLOT AND AFFIRMING UNDER PENALN OR PERJURY THAT THE ELECTOR HAS NOTYETVOTEDAND DOES NOT INTEND TOVOTE EXCEPTBYVOTINGTHE REPLACEMENT BALLOT. IN THE EVENT THAT AN ELECTOR DID NOT RECEIVE A BALLOT IN A PRIMARY ELECTION BECAUSE THE ELECTOR WAS AN UNAFFILIATED ELECTOR AT THE TIME THE BALLOTS WERE MAILED, THE ELECTOR MAY OBTAIN A BALLOT BY DECLARING AN AFFILIATION AS PART OF THE STATEMENT. THESTATEMENTMUSTBERECEIVEDATTHE DESIGNATED ELECTION OFFICIAL'S OFFICE OR OTHER SlTE AUTHORIZED BY THE DESIGNATED ELECTION OFFICIAL FOR THE ISSUANCE OF BALLOTS NO LATER THAN 7 P.M. ON ELECTION DAY. (2) UPONRECEIPT OF A STATEMENT REQUESTING A REPLACEMENT BALLOT, THE DESIGNATED ELECTION OFFICIAL MAY ISSUE A REPLACEMENT BALLOT PERSONALLYTOTHEELIGIBLEELECTORATTHE DESIGNATED ELECTION OFFICIAL'S OFFICE OR OTHER SlTE AUTHORIZED BYTHE DESIGNATED ELECTION OFFICIALFOR THE ISSUANCE OF BALLOTS, OR MAY, IF REQUESTED BY THE ELIGIBLE ELECTOR, MAlL THE REPLACEMENT BALLOT TO THE ELIGIBLE ELECTOR AT THE ADDRESS PROVIDED INTHE STATEMENT. THEDESIGNATED ELECTION OFFICIALMAY, IN HIS OR HER DISCRETION, PROVlDE A REQUEST FORM TOGETHER WITH THE REPLACEMENT BALLOT, PROVIDED THAT THE SIGNED REQUEST FORM MUST BE
Amendment 28: Mail Ballot Elections ...... 53 r RETURNED BY THE ELIGIBLE ELECTOR BEFORE THE ELECTOR'S BALLOT WILL BE ELIGIBLE FOR COUNTING. (3) THE DESIGNATED ELECTION OFFICIAL SHALL KEEP A RECORD OF EACH BALLOT ISSUED IN ACCORDANCE WlTH THIS SECTION TOGETHER WlTH A LIST OF EACH BALLOT DELIVERED BY MAIL OR OBTAINED PURSUANT TO SECTION 1-7.5- 109(2). NOT WITHSTANDING THE PROVISIONS OF SECTION 1-7.5-114(2), RETURNEDREPLACEMENTBALLOTSSHALLBESETASIDEAND NOTCOUNTEDUNTIL AFTER 7 P.M. ON ELECTION DAY, UNLESSTHEBALLOTTRACKINGSYSTEMUSEDBY THE DESIGNATED ELECTION OFFICIAL AUTOMATICALLY REJECTS ORIGINAL ABSENTEE BALLOTS RETURNED BY AN ELIGIBLE ELECTOR TO WHOM A REPLACEMENT ABSENTEE BALLOT HAS BEEN ISSUED, IN WHICH CASE RETURNED REPLACEMENT BALLOTS MAY BE COUNTED AS PROVIDED IN SECTION 1-7.5- 114(2). IF AN ORIGINAL ABSENTEE BALLOT IS RETURNED AFTER THE ISSUANCE OF A REPLACEMENT BALLOT TO THE SAME ELIGIBLE ELECTOR, THE ORIGINAL BALLOT SHALL BE REJECTED. IF BOTH THE ORIGINAL BALLOT AND THE REPLACEMENT BALLOT ARE RETURNED. THE MATTER SHALL BE FORWARDED TO THEATTORNEYGENERALANDTHE DISTRICTATTORNEY FOR INVESTIGATION,AND, WHERE APPROPRIATE, PROSECUTION.
1-7.5-111.Voting and return of ballot. (1) UPONRECEIPTOFABALLOT. AN ELIGIBLE ELECTOR WHO INTENDS TO CAST A VOTE SHALL COMPLY WlTH THE INSTRUCTIONS PROVIDED FORMARKINGTHE BALLOT, PLACING ITIN THESECRECY ENVELOPE, SIGNING AND COMPLETING THE RETURN VERIFICATION ENVELOPE, AND RETURNING THE BALLOT. (2) THEELIGIBLE ELECTOR MAY RETURNTHE MARKED BALLOTINTHE RETURN VERIFICATION ENVELOPETOTHE DESIGNATED ELECTIONOFFICIALIN ANY OFTHE FOLLOWING WAYS: (a) PLACINGTHECOMPLETEDANDSEALEDBALLOT,OR DIRECTINGANOTHER PERSON WHO IS KNOWN TOTHE ELECTOR OR WHO ISA REPRESENTATIVE OFTHE DESIGNATED ELECTION OFFICIALTO PLACE IT, INTHE UNITEDSTATES MAIL, WlTH POSTAGE PAID BY THE ELECTOR; (b) DELIVERINGTHE COMPLETED AND SEALED BALLOT, OR DIRECTING ANOTHER PERSON WHO IS KNOWN TO THE ELECTOR OR WHO IS A REPRESENTATIVE OF THE DESIGNATED ELECTION OFFlClALTO DELIVER IT, TO A SECURE DROP-OFF SITE; (c) BY COMPLETING AND SEALING THE BALLOT AT A POLLING BOOTH LOCATION AND RETURNING ITT~AN ELECTION OFFICIAL ATTHE POLLING BOOTH LOCATION. (3)(a) SECURE DROP-OFF SITES SHALL BE LOCATED WITHIN THE JURISDICTION HOLDING THE ELECTION, UNLESS A WAIVER FOR A PARTICULAR LOCATION OUTSIDETHEJURISDICTION IS GRANTEDBYTHE SECRETARY OF STATE. SECUREDROP-OFF SITES SHALL BE OPEN FOR BALLOT DEPOSIT DURING THE HOURS SPECIFIED BY THE DESIGNATED ELECTION OFFICIAL NO LATER THAN TEN DAYS BEFORETHE ELECTION, AND SHALL REMAIN OPEN EACH DAY THEREAFTER UNTIL 7 P.M. ON ELECTION DAY. (b) ATLEASTTWO ELECTION JUDGESSHALLSUPERVISE EACHSECURE DROP- OFFSITE; PROVIDED, HOWEVER. THATTHE DESIGNATEDELECTIONOFFICIALMAY
54 ...... Amendment 28: Mail Ballot Elections APPOINT ONE SUCH ELECTION JUDGE TO SUPERVISE A SECURE DROP-OFF SlTE IF THERE ARE AN INSUFFICIENT NUMBER OF ELECTION JUDGES FOR THAT ELECTION, OR IFTHE SECURE DROP-OFF SlTE IS LOCATED INA SECURE BUILDING CONTROLLED BY A GOVERNMENTAL ENTITY. BALLOTBOXES AT SECURE DROP- OFF SITES SHALL BE LOCKED AND SEALED EACH NIGHT WITH A NUMBERED SEAL UNDER THE SUPERVISION OF THE ELECTION JUDGES, AND SHALL BE TRANSFERRED DAILYTO THE RECEIVING JUDGES FOR QUALIFICATION PURSUANT TO SECTION 1-7.5-113. (4)(a) IN ELECTIONS INVOLVING PARTISAN CANDIDATES HELD PRIOR TO JANUARY1,201 0, THE DESIGNATED ELECTION OFFICIALSHALLMAINTAIN POLLING BOOTH LOCATIONS ON ELECTION DAY AT EACH PUBLIC HlGH SCHOOL LOCATED AND OPERATING WITHIN THE JURISDICTION, EXCEPT THOSE SCHOOLS DESIGNATED AS CHARTER OR ALTERNATIVE SCHOOLS BY THE APPLICABLE SCHOOL DISTRICT; AT THE OFFICE OF THE DESIGNATED ELECTION OFFICIAL; AND AT ANY OTHER LOCATION DESIGNATED AS A POLLING BOOTH LOCATION BY THE DESIGNATED ELECTION OFFICIAL. THEDESIGNATED ELECTION OFFICIAL SHALL ASSIGN EACH PRECINCT TO A POLLING BOOTH LOCATION. IF A PUBLIC HlGH SCHOOL IS LOCATED WITHIN ONE MILE OF THE DESIGNATED ELECTION OFFICIAL'S OFFICE, OR IF THERE IS NO PUBLIC HlGH SCHOOL LOCATED WITHIN THE JURISDICTION, THE DESIGNATED ELECTION OFFICIAL SHALL SELECT AN ALTERNATIVE SlTE TO SERVEASA POLLING BOOTH LOCATION. (b) IN ADDITION TO ANY OTHER LOCATION DESIGNATED BY THE DESIGNATED ELECTION OFFICIAL FOR THE ISSUANCE OF BALLOTS, ORIGINAL AND REPLACEMENT ABSENTEE BALLOTS SHALL BE MADE AVAILABLE ON ELECTION DAY AT EACH POLLING BOOTH LOCATION FOR ELIGIBLE ELECTORS SERVED BY THAT LOCATION WHO WERE NOT PREVIOUSLY ISSUED A BALLOT OR WHO FAILED TO BRING A PREVIOUSLY ISSUED BALLOT TO THE POLLING BOOTH LOCATION. ISSUANCE OF ORIGINAL AND REPLACEMENT ABSENTEE BALLOTS AT POLLING BOOTH LOCATIONSARESUBJECTTOTHE REQUIREMENTSOFSECTION 1-7.5-109 AND SECTION 1-7.5-1 10. IF THE ELECTION JUDGES AT THE POLLING BOOTH LOCATION DO NOT HAVE ACCESS TO A CONTINUOUSLY UPDATED DATABASE SHOWING REGISTRATION AND BALLOT TRACKING INFORMATION FOR ELECTORS SERVED BY THAT LOCATION, EACH ORIGINAL AND REPLACEMENT BALLOT ISSUED AND CAST AT THE POLLING BOOTH LOCATION SHALL BETREATED AS A PROVISIONAL BALLOT. (c) IF THE DESIGNATED ELECTION OFFICIAL DETERMINES FOR A GIVEN ELECTION THAT LESS THAN FIVE PERCENT OF ELIGIBLE ELECTORS ASSIGNED TO A HlGH SCHOOL POLLING BOOTH LOCATION CAST THEIR BALLOTS AT THAT LOCATION, THE DESIGNATED ELECTIONOFFICIALNEED NOT DESIGNATETHATHIGH SCHOOL AS A POLLING BOOTH LOCATION FOR SUBSEQUENT ELECTIONS. (d) FORALL ELECTIONS HELD AFTER JANUARY1, 2010, AND FOR ALL NONPARTISAN ELECTIONS, THE DESIGNATED ELECTION OFFICIAL SHALL MAKE AT LEAST ONE POLLING BOOTH LOCATION AVAILABLE ON ELECTION DAY. (e) THEDESIGNATED ELECTION OFFICIAL SHALL APPOINT NO LESS THAN THREE ELECTION JUDGES FOR EACH POLLING BOOTH LOCATION IN A PARTISAN 1 ELECTION, AND NO LESSTHAN TWO ELECTION JUDGES FOR EACH POLLING BOOTH LOCATION IN A NONPARTISAN ELECTION. (f) THEPROVISIONSOF PART^ OFARTlCLE8OFTHlSTlTLESHALLNOTAPPLY TO ELECTIONS CONDUCTED BY AUTOMATIC ABSENTEE BALLOT. (g) BALLOTSCAST AT POLLING BOOTH LOCATIONS MUST BE IN THE FORM OF THE ORIGINAL ABSENTEE BALLOT OR A REPLACEMENT ABSENTEE BALLOT ISSUED TO THE ELIGIBLE ELECTOR. (5) TO BE ELIGIBLE FOR COUNTING, ALL BALLOTS MUST BE RECEIVED AT A SECURE DROP-OFF SITE, POLLING BOOTH LOCATION, OR THE OFFICE OF THE DESIGNATED ELECTION OFFICIAL BY 7 P.M. ELECTION DAY. HOWEVER,ANY ELIGIBLE ELECTOR WAITING IN LINE AT A SECURE DROP-OFF SITE OR POLLING BOOTH LOCATION AT OR BEFORE 7 P.M. ON ELECTION DAY WHO HAS NOTYET VOTED SHALL BE ENTITLED TO VOTE. (6) ABSENTEE BALLOTS RECEIVED AFTER 7 P.M. ON THE DAY OF THE ELECTION BUT POSTMARKED ON OR BEFORE THE DAY OF THE ELECTION SHALL REMAIN SEALED AND UNCOUNTED, BUTTHE ELECTOR'S REGISTRATION RECORD SHALL NOT BE MARKED INACTIVE OR CANCELED FOR FAILURE TO VOTE IN A GENERAL ELECTION, AND THE ELECTOR SHALL BE DEEMED AN ACTIVE VOTER.
1-7.5-112. Voting at group facilities. THE DELIVERY AND RETURN OF ABSENTEE BALLOTS ISSUEDTOVOTERS RESIDING ATGROUP FACILITIES SHALL BE HANDLED IN THE SAME MANNER AS PROVIDED IN SECTION 1-8-1 12.
1-7.5-113. Qualification of ballots by election judges. (1) THE DESIGNATED ELECTION OFFICIAL SHALL APPOINT AT LEAST THREE ELECTION JUDGES TO RECEIVE AND QUALIFY BALLOTS IN AN AUTOMATIC ABSENTEE BALLOT ELECTION. EACHMAJOR POLITICAL PARTYSHALL BE REPRESENTED BY AT LEAST ONE JUDGE. (2) ONE OR MORE ELECTION JUDGES SHALL, ON A DAILY BASIS, COUNT THE BALLOTS RECEIVED, BATCHTHEM, DATE-STAMPTHEM, AND RECORDTHE NUMBER OF BALLOTS RECEIVED. (3) (a) BEFORE A RETURNED BALLOT IS ELIGIBLE FOR COUNTING, AN ELECTION JUDGE SHALL FIRST QUALIFY THE BALLOT IN THE PRESENCE OF AT LEAST ONE OTHER RECEIVING JUDGE FROM A DIFFERENT MAJOR POLITICAL PARTY. QUALIFICATION OF BALLOTS FOR COUNTING MAY BEGIN UPON RECEIPT BY THE JUDGES, ALTHOUGH BALLOTS MAY NOT BE COUNTED UNTIL TEN DAYS BEFORETHE ELECTION AS PRO\IIDED INSECTION 1-7.5-1 14(2). ABALLOTSHALL BE QUALIFIED BY THE ELECTION JUDGE ONLY IF: (I) IT IS RETURNED IN THE RETURN VERIFICATION ENVELOPE; (11) A COMPARISON BETWEEN THE PRINTED NAME AND ADDRESS ON THE RETURN VERIFICATION ENVELOPE AND THE REGISTRATION RECORDS SHOWS THAT THE PERSON COMPLETING THE BALLOT WAS IN FACT ELIGIBLE TO VOTE IN THE ELECTION; (Ill) THESELF-AFFIRMATION ONTHE ENVELOPE IS COMPLETE AND SIGNED BY THE ELIGIBLE ELECTOR TO WHOM THE BALLOT WAS ISSUED, AS DETERMINED BY COMPARING THE SIGNATURE ON THE SELF-AFFIRMATION TO THE SIGNATURE OF
56 ...... m t 28: Mail Ballot Elections THE ELIGIBLE ELECTOR IN THE REGISTRATION RECORDS, EXCEPT AS PROVIDED IN SUBSECTION (4) OF THlS SECTION; AND (IV) THEELECTION JUDGE HAS DETERMINED THAT THE ELIGIBLE ELECTOR SUBMITTING THE BALLOT HAS NOT PREVIOUSLY VOTED IN THE ELECTION. (a.1) IF, UPON COMPARING THE SIGNATURE OF THE ELIGIBLE ELECTOR ON THE SELF-AFFIRMATION WITHTHESIGNATUREOFTHEELIGIBLEELECTORON FlLE WlTH THE COUNN CLERK AND RECORDER, THE ELECTION JUDGE DETERMINES THATTHE TWO SIGNATURES DO NOT APPEARTO MATCH, THE SIGNATURES SHALL BE SIMULTANEOUSLY REVIEWED AND COMPARED BY TWO OTHER ELECTION JUDGES, NEITHER OF WHOM MAY HAVE THE SAME POLITICAL AFFILIATION. AFTER REVIEWING AND COMPARING THE SIGNATURES, IF THE TWO ELECTION JUDGES DETERMINE THAT THE SIGNATURES DO NOT APPEAR TO MATCH, AND THE ELECTION JUDGESHAVECAUSETO BELIEVETHAT ELECTION LAWMAYHAVEBEEN VIOLATED. COPIES OF THE ELIGIBLE ELECTOR'S SIGNATURE ON THE SELF- AFFIRMATION AND ON FlLE WlTH THE COUNTY CLERK AND RECORDER SHALL BE MADE. THECOPIES OFTHE SIGNATURES SHALL BE FORWARDEDTO THE DISTRICT ATTORNEY FOR INVESTIGATION. IF THE JUDGES DETERMINE THAT THE SIGNATURES DO MATCH, THEY SHALL FOLLOW THE PROCEDURES SET FORTH IN SUBSECTION (5) OF THlS SECTION. (b) THE SECRETARY OF STATE SHALL PROMULGATE RULES TO ENSURE UNIFORM STANDARDS FOR THE QUALIFICATION OF BALLOTS, INCLUDING BUT NOT LIMITED TOTHE CIRCUMSTANCES UNDER WHICHTHE DESIGNATED ELECTION OFFICIAL OR HIS OR HER DESIGNEE SHALL INVESTIGATE QUESTIONS CONCERNINGTHE QUALIFICATION OF BALLOTS, ANDTHE QUALIFICATION OF BALLOTS FOR PERSONS WHO ARE UNABLE BY REASON OF DlSABlLlNTO SIGN THE SELF-AFFIRMATION ON THE RETURN VERIFICATION ENVELOPE. (4)(a) IN AN ELECTION CONDUCTED PRIOR TO JANUARY1, 2005 UNDER THlS ARTICLE THAT DOES NOT INVOLVE PARTISAN CANDIDATES AND IS NOT HELD IN CONJUNCTION WITH, OR ON THE SAME DAY AS, A PRIMARY OR CONGRESSIONAL VACANCY ELECTION, THE DESIGNATED ELECTION OFFICIAL MAY PETITION THE SECRETARY OF STATE FOR A WAIVER FROM THE REQUIREMENTS OF SUBPARAGRAPH (Ill) OF PARAGRAPH (a) OF SUBSECTION (3) OF THlS SECTION CONCERNING INDIVIDUAL SIGNATURE VERIFICATION. THE SECRETARY OF STATE SHALL PROMULGATE RULES GOVERNING THE CONDITIONS UNDER WHICH WAIVERS MAY BE GRANTED; PROVIDED THAT SUCH WAIVERS SHALL BE GRANTED ONLY IF THE PETITIONING JURISDICTION ESTABLISHES THAT OTHER SAFEGUARDS IN PLACE DURING THE ELECTION WILL PREVENT ELECTION FRAUD. (b) AFTERJANUARY 1,2005, ALL ELECTOR SIGNATURES IN ALL ELECTIONS CONDUCTEDUNDERTHISARTICLEMUSTBEINDIVIDUALLYVERIFIEDPURSUANTTO SUBPARAGRAPH (Ill) OF PARAGRAPH (a) OF SUBSECTION (3) OF THlS SECTION. (c) NOTWITHSTANDINGTHEFOREGOING, IN AN ELECTION CONDUCTEDPRIOR TO JANUARY1, 2007 BY A MUNlClPALlN OR A SPECIAL DISTRICT, THE DESIGNATED ELECTION OFFICIAL FOR THE MUNlClPALlN OR SPECIAL DISTRICT MAY PETITION THE SECRETARY OF STATE FOR A WAIVER FROM THE REQUIREMENTS OF SUBPARAGRAPH (I!!) OF PARAGRAPH (a) OF SUBSECTION (3)
Amendment 28: Mail Ballot Elections ...... 57 OF THIS SECTION CONCERNING INDIVIDUAL SIGNATURE VERIFICATION. AFTER JANUARY I,2007, ALL ELECTOR SIGNATURES IN ALL ELECTIONS CONDUCTED UNDER THlS ARTICLE BY MUNICIPALITIES AND SPECIAL DISTRICTS MUST BE ~NDIVIDUALLYVERIFIEDPURSUANTTOSUBPARAGRAPH (111) OF PARAGRAPH (a) OF SUBSECTION (3) OF THlS SECTION. (5) IF THE BALLOT SO QUALIFIES AN0 IS OTHERWISE VALID, THE ELECTION JUDGE SHALL RECORD IN THE POLL BOOK THAT THE ELIGIBLE ELECTOR CAST A BALLOT AN0 GIVE THE SECRECY ENVELOPE TO A SECOND ELECTION JUDGE WHO IS UNAWAREOFTHE IDENTITYOFTHE ELIGIBLEELECTOR. THESECONDELECTION JUDGE SHALL THEN OPEN THE SECRECY ENVELOPE AND PREPARE THE BALLOT FOR COUNTING. IF THE BALLOT IS NOT TO BE COUNTED IMMEDIATELY, IT SHALL BE STORED IN A SECURE LOCATION. (6) IFTHE ELECTION JUDGE DETERMINESTHATA BALLOTDOESNOTMEETTHE REQUIREMENTS OF SUBSECTION (3) OR SUBSECTION (4) OR IS OTHERWISE INVALID, THEELECTION JUDGESHALLMARKTHE RETURN VERIFICATION ENVELOPE "REJECTED" AND SHALL INDICATE ON THE ENVELOPE THE REASON FOR THE REJECTION. THEENVELOPE SHALL BE SETASIDE, AND THE BALLOTSHALLNOT BE COUNTED. REJECTEDBALLOTS SHALL BE HANDLED IN THE SAME MANNER AS PROVIDED IN SECTION 1-8-31 0.
1-7.5-1 14. CoIInting of ballots. (1) THEDESIGNATED ELECTION OFFICIAL SHALL APPOINT AT LEAST THREE JUDGES TO COUNT BALLOTS IN AN AUTOMATIC ABSENTEE BALLOT ELECTION. EACH MAJOR POLITICAL PARN SHALL BE REPRESENTED BY AT LEAST ONE JUDGE. IF ONE MAJOR POLITICAL PARTY COMPRISES THE MAJORITY OF RECEIVING ELECTION JUDGES APPOINTED BY THE DESIGNATED ELECTION OFFICIAL, THE OTHER MAJOR POLITICAL PARTY SHALL COMPRISE THE MAJORITY OF COUNTING JUDGES. (2) ALL BALLOTS QUALIFIED BY THE RECEIVING JUDGES SHALL BE COUNTED AS PROVIDED IN THlS ARTICLE AND BY RULES PROMULGATED BY THE SECRETARY OF STATE. BALLOTSSHALL BE COUNTED IN THE SAME MANNER PROVIDED BY SECTION 1-7-307 OR SECTION 1-7-507. COUNTINGOFBALLOTS MAY BEGIN TEN DAYS PRIOR TO THE ELECTION AND CONTINUE UNTIL COUNTING IS COMPLETED. (3)THE ELECTION OFFICIAL IN CHARGE OF BALLOTCOUNTING SHALLTAKE ALL PRECAUTIONS NECESSARY TO ENSURE THE SECRECY OF THE COUNTING PROCEDURES, AND NO INFORMATION CONCERNING THE COUNT SHALL BE RELEASED BY THE ELECTION OFFICIALS OR WATCHERS UNTIL AFTER 7 P.M. ON ELECTION DAY. RELEASEOF INFORMATION CONCERNING THE COUNT IN VIOLATIONOFTHIS PARAGRAPH IS PUNISHABLE PURSUANTTOSECTION 1-13-71 8, C.R.S.
1-7.5-115. Watchers. ANYPOLITICAL PARN, CANDIDATE, OR PROPONENT OR OPPONENT OF A BALLOT ISSUE ENTITLED TO HAVE WATCHERS AT POLLING PLACES SHALL EACH HAVETHE RIGHTTO HAVE ONE WATCHER FOR EACH OFTHE FOLLOWING ELECTION STAGES AT EACH LOCATION WHERE SUCHACTIVITYTAKES PLACE: PREPARATION OF ABSENTEE BALLOT PACKETS; RECEIPT OF BALLOTS FROM ELECTORS; QUALIFICATION OF BALLOTS; AND THE COUNTING OF BALLOTS.
58 ...... Amendment 28: Mail Ballot Elections 1-7.5-116. Write-in candidates. WRITE-IN CANDIDATES SHALL BE ALLOWED IN AUTOMATIC ABSENTEE BALLOT ELECTIONS PROVIDED THAT THE CANDIDATE HAS FILED AN AFFIDAVITOF INTENT WlTH THE DESIGNATED ELECTION OFFICIALPURSUANTTOSECTION 1-4-1 101. BALLOTSFOR WRITE-IN CANDIDATES ARE TO BE COUNTED PURSUANT TO SECTION 1-7-114.
1-7.5-117. Challenges. VOTESCAST PURSUANTTOTHISARTICLE MAY BE CHALLENGED PURSUANT TO AND IN ACCORDANCE WlTH LAW. ANYAUTOMATIC ABSENTEE BALLOT ELECTION HELD PURSUANT TO THlS ARTICLE SHALL NOT BE INVALIDATED ON THE GROUNDS THAT AN ELIGIBLE ELECTOR DID NOT RECEIVE A BALLOT SO LONG AS THE DESIGNATED ELECTION OFFICIAL FOR THE POLITICAL SUBDIVISION CONDUCTING THE ELECTION ACTED IN GOOD FAITH IN COMPLYING WlTH THE PROVISIONS OF THlS ARTICLE OR WlTH RULES PROMULGATED BY THE SECRETARY OF STATE.
1-7.5-118.Election judges in an automatic absentee ballot election. THEDESIGNATED ELECTION OFFICIAL MAY APPOINT AS MANY ELECTION JUDGES IN AN AUTOMATIC ABSENTEE BALLOT ELECTION AS IS NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THlS ARTICLE 7.5. STAFF MEMBERS OF THE DESIGNATED ELECTION OFFICIAL'S OFFICE MAY BE APPOINTEDAS ELECTION JUDGES, PROVlDEDTHATTHEY MEETTHE PARTY AFFILIATION REQUIREMENTS OF SECTION 1-6-109. EACHPERSON APPOINTED AS A JUDGE IN AN AUTOMATIC ABSENTEE BALLOT ELECTION WHO ACCEPTS THE APPOINTMENT SHALL FILE AN ACCEPTANCE AS REQUIRED BY C.R.S. 1-6-106(2) AND SHALLTAKETHE OATH REQUIRED BY C.R.S. 1-6-114.
1-7.5-119. Directive to the general assembly. THEGENERAL ASSEMBLY IS HEREBY DIRECTED TO MAKE ANY CONFORMING AMENDMENTS REQUIRED BY THE PASSAGE OF THlS ACT OR BY PASSAGE OF FEDERALLEGISLATION AFFECTINGTHE IMPLEMENTATION OFTHISACT.
SECTION 2. Section 1-13-112, Colorado Revised Statutes, is amended to read:
1-13-112. Offenses relating to msif ballots CAST IN AN AUTOMATIC ABSENTEE BALLOT ELECTION. Any person, who by use of force or other means, unduly influences an electorto vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any PRBi( ballot IN AN AUTOMATIC ABSENTEE BALLOT ELECTION CONDUCTED PURSUANT TO ARTICLE 7.5 OF THIS TITLE, before or after it THE BALLOT has been cast, or who destroys, defaces, mutilates, or tampers with such a ballot, OR WHO INTERFERES WlTH THE DELIVERY OF A BALLOT TO THE DE~IGNATEDELECTIONOFFICIAL,~~~~~be punished by a fine of not more than %WeTEN thousand dollars, or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment. SECTION 3. Section 1-13-803. Colorado Revised Statutes. is amended to read:
1-13-803. Offenses related to absentee voting. Any election official or other person who knowingly violates any of the provisions of article 7.5 OR 8 of this title relative to the casting of absentee twters' ballots or who aids or abets fraud in connection with any vote cast, or to be cast, or attempted to be cast by an absentee voter shall be punished, by a fine of not more than fwe TEN thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment.
AMENDMENT29 SELECTINGCANDIDATES FOR PRIMARYELECTIONS
Ballot Title: An amendment to the Colorado revised statutes concerning the use of petitions to provide candidate access to the primary election ballot, and, in connection therewith, requiring that all candidates for nomination at a primary election be placed on the primary election ballot by petition; eliminating the candidatedesignation and certification process from state, county, and district assemblies; specifying the signature requirements for nominating petitions for access to the primary election ballot; allowing a candidate to include a personal statement on his or her nominating petition; providing for examination of nominating petitions by the designated election official; and setting forth a procedureto protestthe election official's decision regardingthe sufficiency of nominating petitions.
Text of Proposal:
Be it enacted by the People of the State of Colorado:
SECTION 1.1-1-104(1.3), Colorado Revised Statutes, is amended to read:
1-1-104. Definitions. As used in this code, unless the context othewise requires: (1.3) "Assembly" means a meeting of delegates of a political patty IN EVEN-NUMBERED YEARS. organized in accordance with the rules and regulations of the .political . party, HELD FOR THE PURPOSE OF CONDUCTING PARTY BUSINESS OTHER THAN BUSINESS CONDUCTED AT CONVENTIONS.
SECTION 2. 1-2-222(3), Colorado Revised Statutes, is amended to read:
60 ...... Amendment 29: Selecting Candidates for Primaries 1-2-222. Errors in recording of affiliation. (3) For the purposes of determining the eligibility of candidatesfor nomination in accordance with SECTION 1-4-801 (3), the eligibility of persons to vote at any precinct caucus, assembly, or convention in accordance with section 1-3-101, or the eligibility of persons to sign petitions in accordance with section 1-4-801(2), the date of declaration of the party affiliation of the elector shall be the date of the declaration which the elector alleges by affidavit to have been erroneously recorded or unlawfully changed or withdrawn.
SECTION 3.1-4-102, Colorado Revised Statutes, is amended to read:
14-102. Methods of placing names on primary ballot. All candidates for nominations to be made at any primary election shall be placed on the primary election ballot by petition.
SECTION 4.1-4-103, Colorado Revised Statutes, is amended to read:
14-103. Order of names on primary ballot. C3ndkbh
Candidates 4ypebth for any particular office SMHHUW -shall be placed on the primary election ballot in an order established by lot.
SECTION 5. 1-4-801(1), (2), (4) and (5), Colorado Revised Statutes, are amended to read:
14-801. Designation of party candidates by petition. (1) Candidates for political party nominations to be made by primary election may SHALL be placed on the primary election ballot by petition. Every petition to nominate candidates for a primary election shall state the name of the office for which the person is a candidate and the candidate's name and address and shall designate in not more than three words the name of the political party which the candidate represents. No petition shall contain the name of more than one person for the same office. ALL PETITION
Amendment 29: Selecting Candidates for Primaries ...... 61 - SIGNATURES SHALL MEET THE REQUIREMENTS OF SECTION 1-4-904, C.R.S., INCLUDING AFFILIATION REQUIREMENTS FOR SIGNERS OF PARTISAN PETITIONS. (2) The signature requirements for the petition are as follows: (a) Every petition in the case of a candidate for any county office shall be signed by electors eligible to vote within the county commissioner district or political subdivision for which the officer is to be elected. The petition shall 1
BE SIGNED BY NOT LESS THAN: (1) FlFNELIGIBLE ELECTORS IN ANY COUNTY WITH A POPULATION OF LESS THAN FIFTY THOUSAND PEOPLE; AND (11) ONEHUNDRED ELIGIBLE ELECTORS IN ANY COUNTYWITHAPOPULATION GREATER THAN OR EQUAL TO FIFTYTHOUSAND PEOPLE. (b) Every petition in the case of a candidate. . for member of the general assembly ;7
7SHALL BE SIGNED BY ELECTORS ELIGIBLE TOVOTEWITHIN THE STATESENATORIAL DISTRICTOR STATE HOUSE DISTRICT FOR WHICH THE CANDIDATE IS TO BE ELECTED. THEPETITION SHALL BE SIGNED BY NOT LESS THAN: (I) THREEHUNDRED ELIGIBLE ELECTORS FOR ANY CANDIDATE FOR THE STATE SENATE; AND (11) ONE HUNDRED FlFNELIGIBLE ELECTORS FOR ANY CANDIDATE FOR THE STATE HOUSE OF REPRESENTATIVES. (c)(l) Repealed. .. . (11) I
(d) (Deleted by amendment L. 93, p. 1405, 5 29, effective July 1, 1993.) (e) EVERYPETITION IN THE CASE OF A CANDIDATE FOR THE REGIONAL TRANSPORTATION DISTRICT BOARD OF DIRECTORS SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE WITHIN SUCH DISTRICT. THEPETITION SHALL BE SIGNED BY NOT LESS THAN TWO HUNDRED FIFNELIGIBLE ELECTORS. I (0 EVERYPETITION IN THE CASE OF A CANDIDATE FOR DISTRICT ATTORNEY OR ANY OTHER DISTRICT OFFICE OTHER THAN THE REGIONAL TRANSPORTATION DISTRICT BOARD OF DIRECTORS SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE INTHE DISTRICTOR POLITICAL SUBDIVISION FOR WHICH THE CANDIDATE IS
62 ...... Amendment 29: Selecting Candidates for Primaries - - --- TO BE ELECTED. THE PETITION SHALL BE SIGNED BY NOT LESS THAN TWO HUNDRED ELIGIBLE ELECTORS. (g) EVERYPETITION IN THE CASEOFACANDIDATE FOR ANAT-LARGEMEMBER OF THE STATE BOARD OF EDUCATION AND REGENT FOR THE UNIVERSITYOF COLORADOSHALL BE SIGNED BY ELECTORS ELIGIBLETOVOTEWITHINTHE STATE. THE PETITION SHALL BE SIGNED BY NOT LESS THAN FlVE HUNDRED ELIGIBLE ELECTORS STATEWIDE. (h) EVERYPETITION IN THE CASE OF A CANDIDATE FOR MEMBER OF THE STATE BOARDOF EDUCATION FOR A CONGRESSIONAL DISTRICT AND REGENTFOR THE UNlVERSlN OF COLORADOFOR A CONGRESSIONAL DISTRICT SHALL BE SIGNED BY ELECTORS ELIGIBLE TOVOTE WlTHlN THE CONGRESSIONAL DISTRICT. THEPETITIONSHALLBESIGNEDBYNOTLESSTHANTWOHUNDREDFIFTYELIGIBLE ELECTORS. (i) EVERYPETITION IN THE CASE OF A CANDIDATE FOR GOVERNOR SHALL BE SIGNED BY ELECTORSELIGIBLETO VOTE WlTHlN THE STATE. THEPETITION SHALL BE SIGNED BY NOT LESS THAN FIVETHOUSAND ELIGIBLE ELECTORS STATEWIDE, AND NOT LESS THAN TWO HUNDRED FlFN OF THE TOTAL NUMBER OF VALID SIGNATURES REQUIRED SHALL BE COLLECTED FROM ELIGIBLE ELECTORS IN EACH CONGRESSIONAL DISTRICT. (j) EVERYPETITION INTHECASE OFACANDIDATE FOR SECRETARYOF STATE, ATTORNEY GENERAL, OR STATETREASURER SHALL BE SIGNED BY ELECTORS ELIGIBLETO VOTE WlTHlN THE STATE. THEPETITION SHALL BE SIGNED BY NOT LESS THAN TWO THOUSAND FlVE HUNDRED ELIGIBLE ELECTORS STATEWIDE, AND NOTLESSTHAN ONE HUNDREDTWENN-FIVE OF THE TOTAL NUMBER OF VALID SIGNATURES REQUIRED SHALL BE COLLECTED FROM ELIGIBLE ELECTORS IN EACH CONGRESSIONAL DISTRICT. (k) EVERY PETITION IN THE CASE OF A CANDIDATE FOR REPRESENTATIVE INCONGRESS SHALLBESIGNED BY ELECTORS ELIGIBLE TO VOTE WlTHlN THE CONGRESSIONAL DISTRICT FOR WHICH THE CANDIDATE IS TO BE ELECTED. THEPETITION SHALL BE SIGNED BY NOT LESS THAN ONE THOUSAND ELIGIBLE ELECTORS. (I) EVERYPETITION IN THE CASE OF A CANDIDATE FOR UNITEDSTATES SENATOR SHALL BE SIGNED BY ELECTORS ELIGIBLE TO VOTE WlTHlN THE STATE. THE PETITION SHALL BE SIGNED BY NOT LESS THAN FlVE THOUSAND ELIGIBLE ELECTORS STATEWIDE, AND NOT LESS THAN TWO HUNDRED FIFNOFTHETOTAL NUMBER OF VALID SIGNATURES REQUIRED SHALL BE COLLECTED FROM ELIGIBLE ELECTORS IN EACH CONGRESSIONAL DISTRICT.
(5) Party CANDIDATE petitionsshall not be circulated nor any signatures be obtained prior to NOVEMBERFIFTEENTH OF THE YEAR PRECEDING THE ELECTION. Petitions shall be filed no SOONER THAN MARCH1 PRECEDING THE PRIMARY ELECTION AND NO later than NINETY-FIVE days before the primary election.
Amendment 29: Selecting Candidates for Primaries ...... 63 SECTION 6.1-4-902, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1-4-902. Form of petition. (4) DIRECTLYFOLLOWING THE STATEMENT REQUIRED BY SUBSECTION (3) OF THlS SECTION, THE PETITION MAY BUT IS NOT REQUIRED TO CONTAIN A PERSONAL STATEMENT PROVIDED BY THE CANDIDATE CONCERNING HIS OR HER CANDIDACY. THE PERSONAL STATEMENT SHALL NOT EXCEED ONE HUNDRED W0RDS.ANDTHENPEFACE SHALL NOT BE LARGER THAN THETYPEFACE USED FORTHE OTHER STATEMENTS REQUIRED BYTHIS SECTION. THESUBSTANTIVE CONTENT OF THE PERSONAL STATEMENT SHALL NOT BE A BASIS FOR DISAPPROVAL OF THE FORM OF THE PETITION.
SECTION 7. 1-4-908 (1) and (3). Colorado Revised Statutes, are amended, and the said 1-4-908 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1-4-908. Verification of petition and official statement. (1) Upem
UPONFILING, THE DESIGNATED ELECTION OFFICIALFOR THE POLITICAL SUBDIVISION SHALL EXAMINETHE PETITION AND ACCOMPANYING PAPERS. EACH SECTION OF A PETITION TO WHICH THERE IS ATTACHED AN AFFIDAVIT OF THE ELECTOR WHO CIRCULATED THE PETITION THAT EACH SIGNATURE THEREON IS THE SIGNATUREOFTHE PERSON WHOSE NAME ITPURPORTSTO BE ANDTHATTO THE BEST OF THE KNOWLEDGE AND BELIEF OF THE AFFIANT EACH OF THE PERSONS SIGNING THE PETITION WAS AT THE TIME OF SIGNING A REGISTERED ELECTOR SHALL BE PRIMA FACIE EVIDENCE THAT THE SIGNATURES ARE GENUINE AND TRUE, THAT THE PETITIONS WERE CIRCULATED IN ACCORDANCE WlTH THE PROVISIONS OF THlS ARTICLE, AND THAT THE FORM OF THE PETITION IS IN ACCORDANCE WlTH THE PROVISIONS OF THlS ARTICLE. AND THAT THE FORM OF THE PETITION IS IN ACCORDANCE WlTH THlS ARTICLE. NOTWITHSTANDINGTHE FOREGOING, HOWEVER, THE DESIGNATED ELECTION OFFICIAL SHALL REVIEW PETITIONS AND SHALL STRIKE PETITION LINES OR PETITION SECTIONS FOR THE FOLLOWING REASONS: (a) THEPETITION IS NOT lfi THE PROPER FORM; (b) THEPETITIONDOESNOTCONTAIN ASUFFICIENTNUMBEROF SIGNATURES AS REQUIRED BY LAW, OR THE REQUIRED GEOGRAPHIC DISPERSAL OF SIGNATURES, IF APPLICABLE, HAS NOT BEEN MET; PROVIDED, HOWEVER, THAT THE DESIGNATED ELECTION OFFICIAL MAY BUT IS NOT HEREBY REQUIRED TO INVESTIGATE THE VALIDITY OF ANY SIGNATURE OR SIGNATURES, AND IF ANY SIGNATURE IS FOUND TO BE INVALID, THAT SIGNATURE SHALL BE DISREGARDED IN DETERMINING WHETHER THE PETITION CONTAINS A SUFFICIENT NUMBER OF SIGNATURES AND WHETHER THE REQUIRED GEOGRAPHIC DISPERSAL OF SIGNATURES, IF APPLICABLE, HAS BEEN MET; I (c) THEPETITION HAS BEEN DISASSEMBLED OR TAMPERED WITH; I 64 ...... Amendment 29: Selecting Candidates for Primaries (d) THE PETITION IS NOT ACCOMPANIED BY THE AFFIDAVIT OF THE CIRCULATOR OR THE ACCEPTANCE OF THE CANDIDATE, OR SUCH AFFIDAVIT OR ACCEPTANCE CONTAINS MATERIAL DEFECTS; (e) THE TIME WlTHlN WHICH THE PETITION COULD HAVE BEEN FILED HAS EXPIRED; OR (f) ANYOTHER FAILURE TOMEETTHE REQUIREMENTS OFTHIS SECTION WITH RESPECT TO NOMINATING PETITIONS. (2.5)THE ELECTION OFFICIALSHALLMAKECOPIES OFTHE PETITION PUBLICLY AVAILABLE WlTHlN THREE DAYS AFTER FILING. THE ELECTION OFFICIAL MAY CHARGE A REASONABLE FEE FOR SUCH COPIES. (3) After review, AND IN ANY EVENT WlTHlN SEVEN DAYS AFTER FILING OF THE PETITION, the official shall notify the candidate -hether the petition appears to be sufficient or insufficient. IF THE OFFICIAL HAS DETERMINED THAT THE PETITION APPEARS TO BE INSUFFICIENT, THE OFFICIAL SHALL ALSO PROVIDE THE SPECIFIC REASONS UNDERLYINGTHEDETERMINATIONOFINSUFFICIENCY, INCLUDINGTHENUMBEROF VALID SIGNATURES IF RELEVANT TO THE DETERMINATION. In the Case of a petition for nominating an unaffiliated candidate, the official shall provide notification of sufficiency or insufficiency to the candidate on or before the primary election date. Upon determining that the petition is sufficient and after the time for protest has passed, the designated election official shall certify the candidate to the ballot, and, if the election is a coordinated election, so notify the coordinated election official.
SECTION 8.1-4-909, C.R.S., is amended BY THE ADDITION OF A NEW SUBSECTION (1.5), to read:
1-4-909. Protest of designations and nominations. (1) A petition or certificate of designation or nomination that v&%+md appears to be sufficient under this code shall be deemed valid unless a protest is made in writing within five days after the election official's statement of sufficiency is issued or, in the case of a certificate of designation, within five days after the certificate of designation is filed with the designated election official. The protest shall state in a summary manner the alleged impropriety. Notice of the protest shall be mailed forthwith to all candidates or officials who may be affected by it. The designated election official with whom the original certificate or petition is filed shall hear any protest within ten days after the protest is filed and shall pass upon the validity of the protest, whether of form or substance, and shall issue findings of fact and conclusions within seventy- two hours after the hearing. (1.5) (a) A STATEMENT OF SUFFICIENCY OR INSUFFICIENCY WlTH RESPECT TO A NOMINATING PETITION FILED IN ACCORDANCE WITH SECTION 1-4-908. C.R.S., SHALL BE DEEMED VALID UNLESS A PROTEST IS MADE IN WRITING BY A REGISTERED ELECTOR WlTHlN THREE DAYS AFTER THE STATEMENT IS ISSUEDTO THE DESIGNATED ELECTION OFFICIAL WlTH WHOM THE PETITION WAS FILED. THE
Amendment 29: Selecting Candidates for Primaries ...... 65 PROTEST SHALL SPECIFY THE NAMES CHALLENGED, CORRESPONDING PETITION AND LINE NUMBERS, AND GROUNDS FOR EACH PROTEST. IFANY PARTY IS PROTESTING THE FINDING OF THE DESIGNATED ELECTION OFFICIAL REGARDING THE REGISTRATION OF A SIGNER, THE PROTEST SHALL BE ACCOMPANIED BY AN AFFIDAVIT OF THE ELECTOR OR A COPY OF THE ELECTION RECORD OF THE SIGNER. (b) THEDESIGNATED ELECTION OFFICIALMAYREQUIRE APROTESTING PARTY TO PAY A FILING FEE, TO BE DEPOSITED IN A FUND MAINTAINED BY THE DESIGNATED ELECTION OFFICIAL AND USED FOR THE PURPOSE OF DEFRAYING COSTSASSOCIATEDWITHSUCHPROTESTS. ANYSUCH FEESHALLBEUNIFORMLY APPLIED TO CANDIDATES RUNNING FOR THE SAME OFFICE, AND SHALL BE REASONABLY RELATED TO THE COSTS OF THE DESIGNATED ELECTION OFFICIAL IN ADMINISTERING THE PROTEST PROCEEDING, EXCEPTTHAT SUCH FEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS: (1)$750, FORPETlTlONSFlLEDPURSUANTTOPARAGRAPHS(i), (J),AND (1)OF SUBSECTION (2) OF SECTION 1-4-801; (11) $500, FOR PETITIONS FILED PURSUANT TO PARAGRAPH (k) OF SUBSECTION (2) OF SECTION 1-4-801; (111) $250, FOR ALL OTHER PETITIONS FILED PURSUANT TO SUBSECTION (2) OF SECTION 1-4-801. (c) NOTICEOFTHE PROTEST SHALLALSO BE DELIVERED TO ALLCANDIDATES AFFILIATED WlTH THE SAME PARNWHO HAVE FILED NOMINATING PETITIONS FOR THAT OFFICE AND THE ELECTION OFFICIAL RESPONSIBLE FOR PREPARING THE BALLOT FOR THAT ELECTION; HOWEVER, A PROTEST SHALL NOT BE REJECTED SOLELY ON THE GROUNDS THAT SUCH OTHER PERSONS DID NOT RECEIVE THE REQUIRED NOTICE. THE DESIGNATED ELECTION OFFICIAL WlTH WHOM THE ORIGINAL PETITION WAS FILED, OR HIS OR HER DESIGNEE, SHALL HEAR ANY PROTEST WITHIN TEN DAYS AFTER THE PROTEST IS FILED AND SHALL PASS UPON THE VALIDINOF THE PROTEST, WHETHER OF FORM OR SUBSTANCE, AND SHALL ISSUEFINDINGSOF FACTANDCONCLUSIONSWITHIN FORN-EIGHTHOURS AFTER THE HEARING. (2) This section does not apply to any nomination made at a primary election.
SECTION 9. Section 1-4-91 1, C.R.S., is amended BY THE ADDITION OF A NEW SUBSECTION (2), to read:
1-4-911. Review of a protest. (1) The party filing the protest has the burden of sustaining the protest by a preponderance of the evidence. The decision upon matters of substance isopen to review, if prompt application is made, as provided in section 1-1- 113. The remedy in all cases shall be summary, and the decision of any court having jurisdiction shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding in a summary way. (2) IN THE CASE OF NOMINATING PETITIONS FOR NOMINATIONSTO BE MADE BY PRIMARY ELECTION, THE FOLLOWING ADDITIONAL PROVISIONS SHALL APPLY:
66 ...... Amendment 29: Selecting Candidates for Primaries (a) ANY REQUEST FOR REVIEW PURSUANT TO SECTION 1-1-113 SHALL BE FILED WITH THE DISTRICT COURT WITHIN TWO DAYS AFTER THE ISSUANCE OF A DECISION BY THE DESIGNATED ELECTION OFFICIAL, AND THE DISTRICT COURT SHALL HOLDA HEARING ONTHEMATTER AND RENDER ITS DECISION WITHIN SEVEN DAYS. THEDISTRICT COURT SHALL REVIEW THE DECISION OF THE DESIGNATED ELECTION OFFICIAL USING THE STANDARDS SET FORTH IN SUBSECTION (7) OF SECTION 24-4-106, C.R.S. (b) ANY APPEAL TO THE SUPREME COURT PURSUANT TO SECTION 1-1-1 13 SHALL BE FILED WITHINTWO DAYS AFTER THE ISSUANCE OFTHE DISTRICT COURT DECISION, AND, SHOULD THE SUPREME COURT DECIDE IN ITS DISCRETION TO EXERCISE JURISDICTION OVER THE CASE, IT SHALL REVIEW THE DISTRICT COURT PROCEEDING IN A SUMMARY WAY AND ISSUE ITS DECISION WITHIN FIVE DAYS. (c) IN ANY EVENT, ALL JUDICIAL PROCEEDINGS SHALL BE CONCLUDED AS OF FIFTY-FIVE DAYS PRIOR TO THE PRIMARY ELECTION FOR WHICH THE CANDIDATE SEEKS TO BE PLACED ON THE BALLOT.
SECTION 10. 1-4-1002(1), (2), and (7), Colorado Revised Statutes, are amended to read:
1-4-1002.Vacancies in nomination. (1)-
(2) Any S -vacancy in a party nomination occurring on or after the day of the primary election and no later than sixty-one days before the general election may be filled by the respective party assembly vacancy committee of the district, county, or state, depending upon the office for which thevacancy in designation or nomination has occurred. A vacancy may be caused by the declination, death, disqualification, resignation, or withdrawal of any person previously designated or of any person nominated at the primary election or by declination, death, disqualification, or withdrawal of any elective officer after a primary election at which a nomination could have been made for the office had the vacancy then existed. THIS SUBSECTION SHALL ALSO APPLY TO ANY
Amendment 29: Selecting Candidates for Primaries ...... 67 SITUATION IN WHICH THERE IS NO PARNNOMINEE FOR A PARTICULAR OFFICE AS OF THE DATE OF THE PRIMARY ELECTION BECAUSE OFTHE DECLINATION, DEATH, DISQUALIFICATION, RESIGNATION, OR WITHDRAWAL DURING THE PERIOD BETWEEN NINEN-FIVE DAYS BEFORE THE PRIMARY ELECTION AND THE DATE OF THE PRIMARY ELECTION OF THE SOLE CANDIDATE TO HAVE FILED A VALID NOMINATING PETITION FOR THAT OFFICE. NO person is eligible for appointment to fill a vacancy in the party designation or nomination unless that person meets all requirements of candidacy as of the date of the primary election. (7) Except as otherwise provided in subsection (7.3) of this section, any vacancy in a statewide or county office, in the office of district attorney, or in the office of a state senator occurring during the term of office shall be filled at the next general election with nomination uf &+mahn by the political party as follows: . . (a) If the vacancy occurs -PRIOR TOTHE NINEN- FIFTH DAY BEFORE THE PRIMARY ELECTION, the designated election official shall notify the chairperson of each major political party that the office will be on the ballot for the next primary election AND SHALL PUBLISH SUCH NOTIFICATION INA NEWSPAPER OFGENERALCIRCULATION, and candidates for the office shall be PLACED ON THE PRIMARY BALLOT BY PETITION as provided in section 1-4-801. IFAS OF NINEN-FIVE DAYS BEFORE THE PRIMARY ELECTION IT IS DETERMINED THAT ONE OR MORE OF THE MAJOR POLITICAL PARTIES ARE NOT REPRESENTED BY ANY NOMINATING PETITIONS THAT HAVE BEEN FILED AS OF THE DEADLINE FOR FILING SUCH PETITIONS, THE DESIGNATED ELECTION OFFICIAL SHALL NOTIFY THE CHAIRPERSON OF EACH AFFECTED MAJOR POLITICAL PARNTHAT NO PETITION HAS BEEN FILED WITH RESPECTTOTHAT PARN, AND CANDIDATES TO BE PLACED ON THE PRIMARY BALLOT FOR THAT PARN SHALL BE DESIGNATED BY THE RESPECTIVE PARNCENTRALCOMMITTEEVACANCYCOMMITTEE FORTHE STATE, COUNN, JUDICIAL DISTRICT, OR STATE SENATE DISTRICT. (b) Ifthe vacancy Occurs afterthe- NINEN-FIFTH DAY BEFORETHE PRIMARY ELECTION and no later than Sixty-one days before the primary election, the designated election official shall add the office to the notice of election and notify the chairperson of each major political party that the office will be- on the ballot for the next primary election. Candidates for the office shall be designated 7 6€)3uf by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district. (c) If the vacancy occurs during the sixty days before the primary election or after the primary election and no later than sixty-one days before the general election, the designated election official shall add the office to the notice of election forthe general election. Nominations forthe office shall be made by the respective party central committee vacancy committee for the state, county, judicial district, or state senate district or as provided in section 1-4-802 for the nomination of unaffiliated candidates.
68 ...... Amendment 29: Selecting Candidates for Primaries SECTION 11.30-10-501.5. Colorado Revised Statutes, is amended to read:
30-10-501.5. Qualifications. (1) No person shall be eligible for nomination, election, or appointment to the office of sheriff unless such person: (c) Has had a complete set of fingerprints taken by a qualified law enforcement agency and submitted a receipt evidencing such fingerprinting at the time of filing his or herwritten acceptance pursuant to section 1-4-906; or SECTION 14-1002(5), C.R.S., or a candidate filing an affidavit of intent pursuant to section 14-1 101, C.R.S. Such law enforcement agency shall forward the fingerprints to the Colorado bureau of investigation. The bureau shall utilize such fingerprints, its files and records, and those of the federal bureau of investigation for the purpose of determining whether the person has ever been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state laws. The Colorado bureau of investigation shall notify the county clerk and recorder of the county wherein the person isa candidate ofthe results of the fingerprint analysis. In the event that a conviction or plea is disclosed, such person shall be deemed unqualified for the office of sheriff, unless pardoned. The results of such fingerprint analysis shall be confidential; except that the county clerk and recorder may divulge whether such person is qualified or unqualified for the office of sheriff.
SECTION 12. Repeal. 1-4-601,l-4-603,14-604. and 1-4-605, Colorado Revised Statutes, are repealed.
AMENDMENT30 ELECTION DAYVOTER REGISTRATION
Ballot Title: An amendment to the Colorado constitution concerning election day voter registration, and, in connection therewith, allowing an eligible citizen to register and vote on any day that a vote may be cast in any election beginning on January 1, 2004; specifying election day voter registration locations; specifying that an eligible citizen who registers to vote on election day shall register in person and present a current and valid Colorado driver's license or state identification card or other approved documentation; and directing the Colorado general assembly. in implementing election day voter registration, to adopt necessary protections against election fraud.
Amendment 30: Election Day Voter Registration ...... 69 Text of Proposal:
Be it Enacted by the People of the State of Colorado.
ArticleVII of the Constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
Section 13. Colorado election day voter registration.
(1) Purpose. THE PEOPLE OF THE STATE OF COLORADODECLARE THAT INCREASING THE NUMBER OF COLORADOCITIZENS WHO VOTE IS BENEFICIAL TO THE COMMUNITY, ANDTHATALLOWINGELIGIBLE CITIZENSTO REGISTER ANDVOTE ON ELECTION DAY WILL INCREASE THE NUMBER OF CITIZENS VOTING.
(2) Election Day Registration. EFFECTIVEJANUARY 1,2004.~~ ELIGIBLE COLORADOCITIZEN MAY REGISTER TO VOTE ON ANY DAY THAT A VOTE MAY BE CAST AT ANY ELECTION. AN ELIGIBLE COLORADOCITIZEN MAY REGISTER ATTHE POLLINGPLACE FORTHE PRECINCTIN WHICH HEOR SHERESIDES,ATTHEOFFlCE OFTHECLERKAND RECORDEROFTHECOUNTYIN WHICH HEOR SHE RESIDES, OR AT ANY OTHER LOCATION WHICH MAY BE DESIGNATED BY SUCH COUNTY CLERK AND RECORDER. AND MAY CASTA BALLOT AT SUCH ELECTION ON THAT DAY. AN ELIGIBLECOLORADOCITIZENREGISTERINGTO VOTE UNDERTHIS SECTIONMUST APPEAR IN PERSON AT SUCH LOCATION AND MUST PRESENT A CURRENT VALID COLORADODRIVER'S LICENSE OR STATE IDENTIFICATION CARD OR OTHER APPROPRIATE DOCUMENTATION THAT THE SECRETARY OF STATE SHALL APPROVE.
(3) Enforcement. IN IMPLEMENTING THIS MEASURE, THE GENERAL ASSEMBLY SHALL ADOPT ALL NECESSARY ADDITIONAL PROTECTIONS AGAINST ELECTION FRAUD.
Ballot Title: An amendment to the Colorado constitution concerning English-language education inzolorado publicschools, and, inconnection therewith, requiring children to be taught by using the English language in their classrooms and requiring children who are learning English to be placed in an English immersion program that is intended to last one year or less and, if successful, will result in placement of such children in ordinary classrooms; exempting from such requirements those children whose parents or legal guardians obtain annual waivers allowing the children to transfer to classes using bilingual education or other educational methodologies, but making such waivers very difficult to obtain because the school can grant them only in very restrictive
70 ...... Amendment 31: English Language Education circumstances and can deny them for any reason or no reason thereby reducing the likelihood that bilingual education will be used; requiring schools that grant any waivers to offer bilingual education or other educational methodologies when they have at least 20 students in the same grade who receive a waiver and in all other cases permitting students to transfer to a publicschool in which bilingual education or other methodologies are offered, with the cost of such transfer, excluding transportation, to be provided by the state: allowing a parent or legal guardian to sue public employees granting a waiver if the parent or guardian later concludes that the waiver was granted in error and injured the child's education; creating severe legal consequences identified in the amendment for such public employeeswho willfully and repeatedly refuse to implement the amendment; and requiring schools to test children learning English, enrolled in second grade or higher, to monitor their progress, using a standardized nationally-normed test of academicsubject matter given in English.
Text of Proposal:
Be it enacted by the People of the State of Colorado:
SECTION 1. Article IX of the Constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
Section 18. English Language Education for Children in Public Schools.
(1) Findings and declarations. THEPEOPLEOFCOLORADO FIND AND DECLARE THAT: fa) THEENGLISH LANGUAGE IS THE COMMON PUBLIC LANGUAGE OF THE UNITED STATESOF AMERICAAND OF THE STATE OF COLORADO.IT IS SPOKEN BY THE VAST MAJORITYOF COLORADORESIDENTS, AND IS ALSOTHE LEADING WORLD LANGUAGE FOR SCIENCE, TECHNOLOGY, AND INTERNATIONAL BUSINESS, THEREBY BEING THE LANGUAGE OF ECONOMIC OPPORTUNITY; AND (b) IMMIGRANTPARENTS ARE EAGER TO HAVE THEIR CHILDREN ACQUIRE A GOOD KNOWLEDGE OF ENGLISH,THEREBY ALLOWING THEM TO FULLY PARTICIPATE INTHEAMERICANDREAMOF ECONOMIC AND SOCIAL ADVANCEMENT; AND (C)THEGOVERNMENTANDTHE PUBLIC SCHOOLSOF COLORADOHAVEA MORAL OBLIGATION AND A CONSTITUTIONAL DUTY TO PROVIDE ALL OF COLORADO'SCHILDREN, REGARDLESS OF THEIR ETHNICIN OR NATIONAL ORIGINS, WITH AN AVAILABLE PUBLIC SCHOOL EDUCATION NECESSARY TO BECOME PRODUCTIVEMEMBERSOFOURSOCIETY. FLUENCYANDLITERACYINTHE ENGLISHLANGUAGE ARE AMONG THE MOST IMPORTANT PARTS OF SUCH AN EDUCATION: AND
Amendment 31: English Language Education ...... 71 (d) THEPUBLIC SCHOOLS OF COLORADOOFTEN DO AN INADEQUATE JOB OF EDUCATING IMMIGRANT CHILDREN, WASTING FINANCIAL RESOURCES ON COSTLY EXPERIMENTAL NATIVE LANGUAGE PROGRAMS WHOSE FAILURE OVER PAST DECADES IS DEMONSTRATED BY THE CURRENT HIGH DROP-OUT RATESAND LOW ENGLISHLITERACY LEVELS OF MANY IMMIGRANT CHILDREN; AND (e) YOUNGIMMIGRANT CHILDREN CAN EASILY ACQUIRE FULL FLUENCY IN A NEW LANGUAGE. SUCH AS ENGLISH,IF THEY ARE HEAVILY EXPOSED TO THAT LANGUAGE IN THE CLASSROOM AT AN EARLY AGE; AND (9 THEREFOREIT IS RESOLVED THAT: ALL CHILDREN IN COLORADOPUBLIC SCHOOLSSHALLBETAUGHTENGLISHASRAPIDLYAND EFFECTIVELYAS POSSIBLE.
(2) Definitions. INTHIS SECTION, (a) "BILINGUAL EDUCATION," ALSO KNOWN AS NATIVE LANGUAGE INSTRUCTION, MEANS A LANGUAGE ACQUISITION PROCESS FOR STUDENTS IN WHlCH ALL OR SUBSTANTIAL PORTIONS OF THE INSTRUCTION, TEXTBOOKS, OR TEACHING MATERIALS ARE IN THE CHILD'S NATIVE LANGUAGE OTHER THAN ENGLISH. (b) 'ENGLISHLANGUAGE cLAssROOM"MEANSACLASSROOM INWHICH THE LANGUAGE OF INSTRUCTION USED BY THE TEACHING PERSONNEL IS OVERWHELMINGLY THE ENGLISH LANGUAGE, AND IN WHlCH ALL SUCH TEACHING PERSONNEL ARE FLUENT AND LITERATE IN THE ENGLISHLANGUAGE. ENGLISH LANGUAGE CLASSROOMS ENCOMPASS BOTH ENGLISHLANGUAGE MAINSTREAM CLASSROOMS AND SHELTERED ENGLISHIMMERSION CLASSROOMS. (c) "ENGLISHLANGUAGE MAINSTREAM CLASSROOM" MEANS A STANDARD CLASSROOM, ONE IN WHlCH THE STUDENTS EITHER ARE NATIVE ENGLISH LANGUAGE SPEAKERS OR ALREADY HAVE ACQUIRED REASONABLE FLUENCY IN ENGLISH. (d) "ENGLISH LEARNER"MEANSACHILDWH0 IS NOTFLUENTIN ENGLISHAND WHO IS NOT CURRENTLY ABLE TO PERFORM ORDINARY CLASSROOM WORK IN ENGLISH. (e) "SHELTERED ENGLISHIMMERSION" MEANS AN ENGLISHLANGUAGE ACQUISITION PROCESS FOR STUDENTS IN WHlCH NEARLY ALL CLASSROOM INSTRUCTION IS IN ENGLISHBUT WITH THE CURRICULUM AND PRESENTATION DESIGNED FOR CHILDREN WHO ARE LEARNING THE LANGUAGE. BOOKSAND INSTRUCTIONAL MATERIALS ARE IN ENGLISHAND ALL READING, WRITING, AND SUBJECT MATTER ARE TAUGHT IN ENGLISH.ALTHOUGH TEACHING PERSONNEL MAY USE A MINIMAL AMOUNT OF THE CHILD'S NATIVE LANGUAGE WHEN NECESSARY, NO SUBJECT MATTE^ SHALL BE TAUGHT IN ANY LANGUAGE OTHER THAN ENGLISH,AND CHILDREN IN THlS PROGRAM LEARN TO READ AND WRITE SOLELY IN ENGLISH.OTHER ASPECTS OF THlS EDUCATIONAL METHODOLOGY SHALL FOLLOW THE STANDARD DEFINITION OF "SHELTERED ENGLISH"OR "STRUCTURED ENGLISH"FOUND IN STANDARD EDUCATIONAL LITERATURE.
(3) English language education. SUBJECTTO THE EXCEPTIONS PROVIDED IN SUBSECTION (4) OF THlS SECTION ALL CHILDREN IN COLORADO PUBLIC SCHOOLS SHALL BE TAUGHT E~GLISHBY BEING TAUGnT IN ENGLIS~AND ALLCHILDREN SHALL BE PLACED IN ENGLISHLAhGLAGE CLASSROOMS. CHILDREN
72 Amendment 31: English Language Education WHO ARE ENGLISHLEARNERS SHALL BE EDUCATED THROUGH SHELTERED ENGLISH IMMERSION DURING ATEMPORARYTRANSITION PERIOD NOT NORMALLY INTENDED TO EXCEED ONE YEAR. PUBLICSCHOOLS SHALL BE PERMITTED BUT NOT REQUIRED TO PLACE IN THE SAME CLASSROOM ENGLISHLEARNERS OF DIFFERENT AGES BUT WHOSE DEGREE OF ENGLISHPROFICIENCY IS SIMILAR. PUBLIC SCHOOLS SHALL BE ENCOURAGED TO MIX TOGETHER IN THE SAME CLASSROOM ENGLISHLEARNERS FROM DIFFERENT NATIVE-LANGUAGE GROUPS BUT WlTH THE SAME DEGREE OF ENGLISHFLUENCY. ONCE ENGLISHLEARNERS HAVE ACQUIRED REASONABLE FLUENCY IN ENGLISHAND ARE ABLE TO PERFORM ORDINARYSCHOOLWORKIN ENGLISH,THEYSHALLNO LONGER BE CLASSIFIEDAS ENGLISH LEARNERS AND SHALL BE TRANSFERRED TO ENGLISHLANGUAGE MAINSTREAM CLASSROOMS. AS MUCH AS POSSIBLE, PER PUPIL SUPPLEMENTAL FUNDING FOR ENGLISHLEARNERS SHALL AT LEAST BE MAINTAINED. FOREIGN LANGUAGE CLASSES FOR CHILDREN WHO ARE NOT ENGLISHLEARNERS SHALL NOT BE AFFECTED, NOR SHALL SPECIAL EDUCATIONAL PROGRAMS FOR PHYSICALLY- OR MENTALLY-IMPAIRED STUDENTS BE AFFECTED.
(4)Parental waivers. (a)THEREQUIREMENTSOFSUBSECTION (3) OF THlS SECTION MAY BE WAIVED WlTH THE PRIOR WRITTEN INFORMED CONSENT, TO BE PROVIDED ANNUALLY, OF THE CHILD'S PARENTS OR LEGAL GUARDIAN UNDER THE CIRCUMSTANCES SPECIFIED IN THlS SUBSECTION (4). SUCH INFORMED CONSENT SHALL REQUIRE THATSAID PARENTS OR LEGAL GUARDIAN INITIATE THE WAIVER PROCESS AND PERSONALLY VISIT THE SCHOOL TO APPLY FOR THE WAIVER AND THAT THEYTHEREBE PROVIDEDA FULL DESCRIPTION INA LANGUAGETHEY CAN UNDERSTAND OF THE EDUCATIONAL MATERIALS TO BE USED IN THE DIFFERENT EDUCATIONAL PROGRAM CHOICES AND ALL THE PUBLIC SCHOOL EDUCATIONAL OPPORTUNITIES AVAILABLE TO THE CHILD. IF A PARENTAL WAIVER HAS BEEN GRANTED, THE AFFECTED CHILD MAY BE TRANSFERRED TO CLASSES TEACHING ENGLISHAND OTHER SUBJECTS THROUGH BILINGUAL EDUCATION TECHNIQUES OR OTHER GENERALLY RECOGNIZED EDUCATIONAL METHODOLOGIES PERMITTED BY LAW. INDIVIDUAL SCHOOLS IN WHICH TWENN STUDENTS OR MORE OF A GIVEN GRADE LEVEL RECEIVEAWAIVER SHALL BE REQUIREDTO OFFER SUCHA CLASS; IN ALL OTHER CASES, SUCH STUDENTS SHALL BE PERMITTED TO TRANSFER TO A PUBLIC SCHOOL IN WHICH SUCH ACLASS IS OFFERED, WlTH THE COSTSOFSUCH TRANSFER, EXCLUDING TRANSPORTATION, TO BE PROVIDED BY THE STATE. SCHOOLS MAY REFUSE TO APPROVE ANY SUCH WAIVER APPLICATION AT THEIR SOLE DISCRETION, WITHOUT ANY NEED TO INDICATE CAUSE. (b) THECIRCUMSTANCES IN WHICH A PARENTAL EXCEPTION WAIVER MAY BE APPLIED FOR UNDER THlS SECTION ARE AS FOLLOWS: (I) CHILDRENWHO ALREADY KNOW ENGLISH:THE CHILD ALREADY POSSESSES GOOD ENGLISHLANGUAGE SKILLS, AS MEASURED BY ORAL EVALUATION OR STANDARDIZED TESTS OF ENGLISHVOCABULARY COMPREHENSION, READING, AND WRITING, IN WHICH THE CHILD SCORES APPROXIMATELY AT OR ABOVE THE STATE AVERAGE FOR HIS OR HER GRADE LEVEL OR AT OR ABOVE THE FIFTH GRADE AVERAGE, WHICHEVER IS LOWER; OR
Amendment 31: English Language Education 73 (11) OLDER CHILDREN: THECHILD IS AGETEN YEARS OR OLDER, AND ITISTHE INFORMED BELIEF OFTHE SCHOOL PRINCIPAL AND EDUCATIONALSTAFF THAT AN ALTERNATE COURSEOF EDUCATIONALSTUDYWOULD BEBETTER SUITEDTOTHE CHILD'S OVERALL EDUCATIONAL PROGRESS AND RAPID ACQUISITION OF BASIC ENGLISHLANGUAGE SKILLS; OR (Ill) CHILDRENWlTH SPECIAL INDIVIDUAL NEEDS: THE CHILD ALREADY HAS BEEN PLACED FORA PERIOD OF NOTLESSTHANTHIRTYCALENDAR DAYS DURING THAT PARTICULAR SCHOOL YEAR IN AN ENGLISHLANGUAGE CLASSROOM AND IT IS SUBSEQUENTLY THE INFORMED BELIEF OF THE SCHOOL PRINCIPAL AND EDUCATIONAL STAFF THAT THE CHILD HAS SUCH SPECIAL AND INDIVIDUAL PHYSICALOR PSYCHOLOGICAL NEEDS, ABOVE AND BEYOND THE CHILD'S LACKOF ENGLISHPROFICIENCY, THAT AN ALTERNATE COURSE OF EDUCATIONAL STUDY WOULD BE BETTER SUlTEDTOTHECHILD'SOVERALLEDUCATlONALDEVELOPMENT AND RAPID ACQUISITION OF ENGLISH.A WRITTEN DESCRIPTION OF NO FEWER THAN TWO HUNDRED FIFTY WORDS DOCUMENTING THESE SPECIAL INDIVIDUAL NEEDS FOR THE SPECIFIC CHILD MUST BE PROVIDED AND PERMANENTLY ADDED TOTHECHILD'SOFFlCIALSCHOOLRECORDS,ANDINORDERTO BEAPPROVEDTHE WAIVER APPLICATION MUST CONTAIN THE ORIGINAL AUTHORIZING SIGNATURES OF BOTH THE SCHOOL PRINCIPAL AND THE LOCAL SCHOOL SUPERINTENDENT. WAIVERSGRANTEDUNDERTHISSUBPARAGRAPHCANNOTBEAPPLIEDFORUNTIL AFTER THIRTY INSTRUCTIONAL DAYS OF A GIVEN SCHOOL YEAR HAVE PASSED, ANDTHISWAIVER PROCESSMUSTBE RENEWED EACHAND EVERYSCHOOLYEAR. ANY SUCH DECISION TO ISSUE SUCH AN INDIVIDUAL WAIVER IS TO BE MADE SUBJECT TO THE EXAMINATION AND APPROVAL OF THE LOCAL SCHOOL SUPERINTENDENT, UNDER GUIDELINES ESTABLISHED BY AND SUBJECT TO THE REVIEW OFTHELOCALBOARDOF EDUCATION.THEEXISTENCE OFSUCH SPECIAL INDIVIDUAL NEEDS SHALL NOT COMPEL ISSUANCE OF A WAIVER, AND THE PARENTS SHALLBE FULLY INFORMEDOFTHEIR OWN RIGHTTO REFUSETO AGREE TO A WAIVER.
(5) Legal standing and parental enforcement. As DETAILED IN SUBSECTIONS (3) AND (4) OF THlS SECTION, ALL COLORADOSCHOOL CHILDREN HAVE THE RIGHT TO BE PROVIDED AT THEIR PUBLIC SCHOOL OF CHOICE WlTH AN ENGLISHLANGUAGE PUBLIC EDUCATION. THEPARENT OR LEGAL GUARDIAN OF ANY COLORADOSCHOOL CHILD SHALL HAVE LEGAL STANDING TO SUE FOR ENFORCEMENTOFTHE PROVlSlONSOFTHlSSECTION, AND IF SUCCESSFULSHALL BE AWARDED NORMAL AND CUSTOMARY ATTORNEY FEES AND ACTUAL AND COMPENSATORY DAMAGES, BUT fl0T PUNITIVE OR CONSEQUENTIAL DAMAGES. ANYSCHOOL DISTRICT EMPLOYEE OR SCHOOL BOARD MEMBER WHO WILLFULLY AND REPEATEDLY REFUSES TO IMPLEMENT THE TERMS OF THlS SECTION MAY BE HELD PERSONALLY LIABLE FOR ATTORNEY FEES AND ACTUAL AND COMPENSATORY DAMAGES BY THE CHILD'S PARENTS OR LEGAL GUARDIAN, AND CANNOT BE SUBSEQUENTLY INDEMNIFIED FOR SUCH ASSESSED DAMAGES BY ANY PUBLIC OR PRIVATE THIRD PARTY. ANY INDIVIDUAL FOUND SO LIABLE INA COURT OF LAW SHALL BE IMMEDIATELY REMOVED FROM OFFICE FOR MALFEASANCE, AND SHALL BE BARRED FROM HOLDING ANY POSITION OF AUTHORITY ANYWHERE WITHIN THE COLORADOGOVERNMENT OR THE PUBLIC SCHOOL SYSTEM FOR A
74 ...... Amendment 31: English Language Education SUBSEQUENT PERIOD OF FIVE YEARS. PARENTSWHO APPLY FOR AND ARE GRANTED EXCEPTION WAIVERS UNDER SUBPARAGRAPH (111) OF PARAGRAPH (b) OF SUBSECTION (4) OF THlS SECTION STILL RETAIN FOR TENYEARSTHEREAFTER THE FULL LEGAL RIGHTTO SUE THE INDIVIDUALS WHO GRANTED SUCH WAIVERS IF THEY SUBSEQUENTLY CONCLUDE DURING THAT PERIOD THAT THE WAIVERS WERE GRANTED IN ERROR AND ULTIMATELY INJURED THE EDUCATION OF THEIR CHILD.
(6) Standardized testing for monitoring education progress. IN ORDERTOENSURETHATTHE EDUCATIONALPROGRESSOFCOLORADOSTUDENTS IN LEARNING ENGLISHTOGETHERWITH OTHER ACADEMICSUBJECTS IS PROPERLY MONITORED. A STANDARDZED. NATIONA--Y-NORMED WRITTEN TEST OF ACADEM CS-B.ECTMATTERGIVEh IN ENGLlSn SdA--BEADMlNlSTEREDATLEAST ONCE EACH YEAR TO ALLCOLORADOPUBLIC SCHOOLCHILDREN IN GRADESZAND HIGHER WHO ARE ENGLISHLEARNERS. ONLY STUDENTS CLASSIFIED AS SEVERELY LEARNING DISABLED MAY BE EXEMPTED FROM THlS TEST. THE PARTICULAR TEST TO BE USED SHALL BE SELECTED BY THE COLORADO COMMISSIONER OF EDUCATION,AND IT IS INTENDED THAT THE TEST SHALLGENERALLYREMAINTHESAMEFROMYEARTOYEAR.THENATIONAL PERCENTILE SCORESOF STUDENTSSHALLBECONFIDENTIALLY PROVIDED TO INDIVIDUAL PARENTS, AND THE AGGREGATED PERCENTILE SCORES AND DISTRIBUTIONAL DATA FOR INDIVIDUAL SCHOOLS AND SCHOOL DISTRICTS SHALL BE MADE PUBLICLY AVAILABLE ON AN INTERNET WEB SITE; THE SCORES FOR STUDENTS CLASSIFIED AS ENGLISHLEARNERS SHALLBESEPARATELYSUB-AGGREGATEDANDMADEPUBLICLYAVAILABLE THERE AS WELL, WITH FURTHER SUB-AGGREGATION BASED ON THE ENGLISHLEARNER PROGRAMTYPE IN WHICH STUDENTSARE ENROLLED. SCORES OF STUDENTS WHO ARE NEITHER EXEMPTED NOR TAKE THE TEST SHALL BE REPORTED AS ZERO. ALTHOUGHADMINISTRATION OF THlS TEST IS REQUIRED SOLELY FOR MONITORING EDUCATIONAL PROGRESS, COLORADOPUBLIC OFFICIALS AND ADMINISTRATORS MAY UTILIZETHESETESTSCORES FOR OTHER PURPOSESASWELLIFTHEY SO CHOOSE.
(7) Severability. IF A PROVISION OF THlS SECTION OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THlS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THlS END THE PROVISIONS OF THlS SECTION ARE SEVERABLE.
(8) Interpretation. UNDERCIRCUMSTANCES IN WHICH PORTIONS OF THlS STATUTE ARE SUBJECT TO CONFLICTING INTERPRETATIONS, THE FINDINGSAND DECLARATIONSOF SUBSECTION (1) OF THlS SECTION SHALL BE ASSUMED TO CONTAIN THE GOVERNING INTENT OF THlS SECTION.
SECTION 2. Effective date -applicability. This initiative shall take effect upon proclamation of the vote-by the over nor, and shall apply to all school terms beginning more than sixty days after such date. Amendment 31: English Language Education ...... 75 REFERENDUMA EXEMPTELECTED DISTRICT ATTORNEYS FROM TERMLIMITS
Ballot Title: An amendment to the constitution of the state of Colorado, exempting district attorneys from constitutional term limits.
Text of Proposal:
Be It Resolved by the Senate of the Sixty-third General Assembly of the State of Colorado, the House of Representatives concurring herein:
SECTION I. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:
Section 11 (1) of article XVlll of the constitution of the state of Colorado is amended to read:
Section 11. Elected government officials -limitation on terms. (1) In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments, no nonjudicial elected official of any county, city and county, city, town, school district, service authority, or any other political subdivision of the State of Colorado, no member of the state board of education, and no elected member of the governing board of a state institution of higher education shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years orshorter in duration, no such elected official shall serve more than three consecutive terms in office; EXCEPT THAT THIS SECTION SHALL NOT APPLY TO ELECTED DISTRICT ATTORNEYS. This limitation on the number of terms shall apply to terms of ofice beginning on or after January 1,1995. For purposes of this Section 11. terms are considered consecutive unless they are at least four yearsapart.
Section 13 of article VI of the constitution of the state of Colorado is amended to read:
Section 13. District attorneys - election - term - salary - qualifications. In each judicial district there shall be a district attorney elected by the electors thereof, whose term of office shall be four years. District attorneys shall receive such salaries and perform such duties as provided by law. No person shall be eligible to the office of district attorney who shall not, at the time of his OR HER election, possess all the qualifications of district court judges as provided in this article. All district - 76 ...... Referendum A: District Attorney Term Limits attorneys holding office on the effective date of this amendment shall continue in office for the remainder of the respective terms for which they Were elected Or appointed. ELECTEDDISTRICT ATTORNEYS SHALL NOT BE SUBJECTTO THE TERM LIMITS ENUMERATED IN SECTION 11 OF ARTICLE XVIII OF THIS CONSTITUTION.
SECTlON2.Each electorvoting at said election and desirous ofvoting for or against said amendment shall cast a vote as provided by law either "Yes" Or "NO" On the proposition: "ANAMENDMENTTOTHE CONSTITUTION OF THE STATE OF COLORADO,EXEMPTING DISTRICT ATTORNEYS FROM CONSTITUTIONAL TERM LIMITS."
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.
REFERENDUMB PUELlClPRlVATE OWNERSHIP OF LOCALHEALTH CARE SERVICES
Ballot Title: An amendment to section 2 of article XI of the constitution of the state of Colorado, concerning the authorization for local governments to become a partner with a public or private entity in the provision of health care services, and, in connection therewith, authorizing a local government to become a subscriber. member, or shareholder in or a joint owner with any person or company, public or private, in order to provide such health care without incurring debt.
Text of Proposal:
Be It Resolved by the Senate of the Sixty-third General Assembly of the State of Colorado, the House of Representatives concurring herein:
SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:
Section 2 of article XI of the constitution of the state of Colorado is amended to read: -Referendum 6: Ownership of Health Care Services ...... 77 7 Section 2. No aid to corporations - no joint ownership by state, county, city, town, or school district. (1) Neither the state, nor any county, city, town, township, or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in any corporation or company or a joint owner with any person, company, or corporation, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat, or by forfeiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township, or school district, or to either or any of them, jointly with any person, company, or corporation, by forfeiture or sale of real estate for nonpayment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties, or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested.
(2) Nothing in this section shall be construed to prohibit any city or town from becoming a subscriber or shareholder in any corporation or company, public or private, or a joint ownerwith any person, company, or corporation, public or private, in orderto effect the development of energy resources after discovery, or production, transportation, ortransmission of energy in whole or in part forthe benefit of the inhabitants of such city or town.
(3) NOTHINGIN THlS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY COUNTY, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT LAWFULLYAUTHORIZED TO PROVIDE ANY HEALTH CARE FUNCTION, SERVICE, OR FACILITY FROM BECOMING A SUBSCRIBER, MEMBER, OR SHAREHOLDER IN ANY CORPORATION. COMPANY, OR OTHER ENTIN, PUBLIC OR PRIVATE, ORAJOINTOWNER WITH ANY PERSON, COMPANY, CORPORATION,OROTHER ENTITY,PUBLlCORPRIVATE, IN OR OUT OF THE STATE, IN ORDER TO AFFECT THE PROVISION OF SUCH FUNCTION, SERVICE, OR FACILITY IN WHOLE OR IN PART. IN ANY SUCH CASE, THE PRIVATE PERSON, COMPANY. CORPORATION, OR ENTlNOR RELATIONSHIP ESTABLISHED SHALLNOTBE DEEMEDAPOLITICALSUBDIVISION, LOCALGOVERNMENT, OR LOCAL PUBLIC BODY FOR ANY PURPOSE.-ANYSUCH COUNTY, CIN, TOWN, TOWNSHIP, ORSPECIALDISTRICTTHAT ENTERS INTO AN ARRANGEMENTUNDERTHISSECTION SHALL NOT INCUR ANY DEBT NOR PLEDGE ITS CREDIT OR FAITH UNDER SUCH ARRANGEMENT. ANY COUNN, CITY, TOWN, TOWNSHIP, OR SPECIAL DISTRICT ENTERING INTO SUCH JOINT OWNERSHIP OR RELATIONSHIP AS SUBSCRIBER, MEMBER, OR SHAREHOLDER OR OTHERWISE SHALL OWN ITS JUST PROPORTION TO THE WHOLE AMOUNT SO INVESTED. NOTHINGIN THlS SECTION SHALL BE CONSTRUED TO LIMIT THE POWERS, DUTIES, OR AUTHORITY OF ANY POLITICAL SUBDIVISION AS OTHERWISE PROVIDED OR AUTHORIZED BY LAW. NOTHINGIN THlS SUBSECTION (3) SHALL BE CONSTRUED TO LIMIT THE POWERS OF THE GENERAL ASSEMBLY OVER THE PROVISION OF ANY HEALTH CARE FUNCTION,
78 ...... Referendum B: Ownership of Health Care Services SERVICE, OR FACILITY BY ANY COUNTY, CIN, TOWN, TOWNSHIP, OR SPECIAL DISTRICT.
SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" Or "NO" On the proposition: "AN AMENDMENT TO SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF THE STATE OF COLORADO,CONCERNING THE AUTHORIZATION FOR LOCAL GOVERNMENTS TO BECOME A PARTNER WlTH A PUBLIC OR PRIVATE ENTlN IN THE PROVISION OF HEALTH CARE SERVICES, AND, IN CONNECTION THEREWITH, AUTHORIZING A LOCAL GOVERNMENT TO BECOME A SUBSCRIBER, MEMBER. OR SHAREHOLDER IN OR A JOINT OWNER WlTH ANY PERSON OR COMPANY, PUBLIC OR PRIVATE, IN ORDERTO PROVIDESUCH HEALTH CARE WITHOUT INCURRING DEBT."
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution. P
REFERENDUMC QUALIFICATIONS FOR COUNTY CORONERS
...... Ballot Title: An amendment to article XIV of the constitution of the - , -. state of Colorado, concerning the authorityofthegeneral assembly - .- to establish qualifications for the office of county coroner. ,. .,. ,"A Text of Proposal:
Be It Resolved by the Senate of the Sixty-third General Assembly of the State of Colorado, the House of Representatives concurring herein:
SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:
Article XIV of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
Section 8.7. Coroner - qualifications. THEGENERALASSEMBLY SHALL HAVETHEAUTHORITYTOESTABLISH BY LAW QUALlFlCATlONSFORTHEOFFlCEOF COUNTYCORONER, INCLUDINGBUTNOTLlMlTEDTOTRAlNINGANDCERTlFlCATlON REQUIREMENTS. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law : either "Yes" or "No" on the proposition: "ANAMENDMENTTOARTICLEXIVOF THE CONSTITUTION OFTHE STATE OF COLORADO,CONCERNING THE AUTHORITY OF THE GENERAL ASSEMBLY TO ESTABLISH QUALIFICATIONS FOR THE OFFICE OF COUNTY CORONER."
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.
REFERENDUMD REPEALOF OBSOLETE CONSTITUTIONAL PROVISIONS
Ballot Title: Amendments to articles VI, XVIII, XX, and XXVll of the constitution of the state of Colorado, concerning the repeal of certain obsolete provisions in the constitution of the state of Colorado.
Text of Proposal:
Be It Resolved by the Senate of the Sixty-third General Assembly of the State of Colorado, the House of Representatives concurring herein:
SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendments to the constitution of the state of Colorado, to wit:
I Section 9 (2) and (3) of article VI of the constitution of the state of Colorado are amended to read:
Section 9. District courts- jurisdiction. (2)
(3) In the city and county of Denver, exclusive original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians, conservators and administrators, and
80 ...... Referendum D: Obsolete Constitutional Provisions settlement of their accounts, the adjudication of the mentally ill, and such other jurisdiction as may be provided by law shall be vested in a probate court, created by section 1 of this article. P
Section 14 of article VI of the constitution of the state of Colorado is amended to read:
Section 14. Probate court -jurisdiction -judges - election -term - qualifications. The probate court of the city and county of Denver shall have such jurisdiction as provided by section 9, subsection (3) of this article. The judge of the probate court of the city and county of Denver shall have the same qualifications and term of office. .. as provided in this article for district judges.
W6-k Vacancies shall be filled as provided in section 20 of this article. The number of judges of the probate court of the city and county of Denver may be increased as provided by law.
Section 15 of article VI of the constitution of the state of Colorado is amended to read:
Section 15. Juvenile court - jurisdiction -judges -election -term -qualifications. The juvenile court of the city and county of Denver shall have such jurisdiction as shall be provided by law. The judge of the juvenile court of the city and county of Denver shall have the same qualifications and term of office. as.. provided in this article for district judges. . . Vacancies shall be filled as provided in section 20 of this article. The number of judges of the juvenile court of the city and county of Denver may be increased as provided by law.
Section 20 (2) of article VI of the constitution of the state of Colorado is repealed as follows:
Section 20. Vacancies. (2)
Section 21 of article VI of the constitution of the state of Colorado is amended to read: I
Referendum D: Obsolete Constitutional Provisions ...... 81
\ Section 21. Rule-making power. The supreme court shall make and promulgate rulesgoverning the administration of all courts and shall make and promulgate rules governing practice and procedure in civil and criminal cases, except that the general assembly shall have the power to provide simplified procedures in county courts -for the trial of misdemeanors.
Section 23 (3) 0) of article VI of the constitution of the state of Colorado is repealed as follows:
Section 23. Retirement and removal of justices and judges. (3) (j)
Section 9 (5) (c) and (5) (d) of article XVlll of the constitution of the state of Colorado are repealed as follows:
Section 9. Limited gaming permitted. (5) (c)
Section 12 of article XVlll ~f the constitution of the state of Colorado is repealed as follows: . Section 12. $
82 ...... Referendum D: Obsolete Constitutional Provisions - Referendum D: Obsolete Constitutional Provisions ...... 83 I 84 ...... Referendum D: Obsolete Constitutional Provisions Section 1 of article XX of the constitution of the state of Colorado is amended to read:
Section 1. Incorporated. The municipal corporation known as the city of Denver and all municipal corporations and that part of the quasi-municipal corporation known as the county ofArapahoe, in the state of Colorado, included within the exterior boundaries of the said city of Denver as the same shall be bounded when this amendment takes effect, are hereby consolidated and are hereby declared to be a single body politic and corporate, by the name of the "City and County of Denver". By that name said corporation shall have perpetual succession, and shall own, possess, and hold all property, real and personal, theretofore owned, possessed, or held by the said city of Denver and by such included municipal corporations, and also all property, real and personal, theretofore owned, possessed, or held by the said county of Arapahoe, and shall assume, manage, and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities, and shall acquire all benefits and shall assume and pay all bonds, obligations, and indebtedness of said city of Denver and of said included municipal corporations and of the county of Arapahoe; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alterthe same at pleasure; may purchase, receive, hold, and enjoy or sell and dispose of, real and personal property; may receive bequests, gifts, and donations of all kinds of property, in fee simple, or in trust for public, charitable, or other purposes; and do all things and acts necessary to carry out the purposes of such gifts, bequests, and donations, with power to manage, sell, lease, or othelwise dispose of the same in accordance with the terms of the gift, bequest, ortrust; shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct, and operate water works, light plants, power plants, transportation systems. heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefore, for the use of said city and county and the inhabitants thereof, and any such systems, plants, or works or ways, or any contracts in relation or connection with either, that may exist and which said city and county may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city and county which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes, as may by the charter be provided.
The provisions of section 3 of article XIV of this constitution and the general annexation and consolidation statutes of the state relating to counties shall apply to the city and county of Denver. Any contiguous town, city, or territory hereafter annexed to or consolidated with the city and county of Denver, under any such laws of this state, in whatsoever county the same may be at the time, shall be detached per se from such other county and become a municipal and territorial part of the city and county of Denver, together with all property thereunto belonging.
The city and county of Denver shall alone always constitute one judicial district of the state.
Any other provisions of this constitution to the contrary notwithstanding:
No annexation or consolidation proceeding shall be initiated after the effective date of this amendment pursuant to the general annexation and consolidation statutes of the state of Colorado to annex lands to or consolidate lands with the city and county of Denver until such proposed annexation or consolidation is first approved by a majority vote of a six-member boundary control commission composed of one commissioner from each of the boards of county commissioners of Adams. Arapahoe, and Jefferson counties, respectively, and three elected officials of the city and county of Denver to be chosen by the mayor. The commissioners from each of the said counties shall be appointed by resolution of their respective boards.
No land located in any county other than Adams, Arapahoe, or Jefferson counties shall be annexed to or consolidated with the city and county of Denver unless such annexation or consolidation is approved by the unanimous vote of all the members of the board of county commissioners of the county in which such land is located. All actions, including actions regarding procedural rules, shall be adopted by the commission by majority vote. Each commissioner shall have one vote, including the commissioner who acts as the chairman of the commission. All procedural rules adopted by the commission shall be filed with the secretary of state.
This amendment shall be self-executing.
Section 3 of article XX of the constitution of the state of Colorado is amended to read:
Section 3. Establishment of government civil service regulations. lmmed~atelyupon the canvass of the vote show~ngthe adopt~onof th~samendment, it shall be the duty of the governor of the state to Issue h~sproclamat~on accord~ngly.
ekmkymd Every charter shall prov~dethat the department of fire and pol~ceand the department of publlc utllltles and works shall be under such CIVIIservlce regulat~onsas in sa~dcharter shall be prov~ded
Referendum D: Obsolete Constitutional Provisions ...... 87 -
SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AMENDMENTSTO ARTICLES VI, XVIII, XX, AND XXVll OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE REPEAL OF CERTAIN OBSOLETE PROVISIONS IN THE CONSTITUTION OF THE STATE OF COLORADO."
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted 'Yes", the said amendment shall become a part of the state constitution.
Referendum D: Obsolete Constitutional Provisions ...... 89 Ballot Title: Shall the thirty-first day of March be designated a legal hol~dayfor observing the birthday of Cesar Estrada Chavez as "Cesar I Chavez day"?
Text ofProposal: i Be it enacted bythe General Assembly of the State of Colorado: SECTION 1. 24-11-101(I), Colorado Revised Statutes, is amended I to read: 24-11-101. Legal holidays -effect. (1) The following days, viz: The first day of January, commonly called New Year's day; the third Monday in January, which shall be observed as the birthday of Dr. Martin Luther King, Jr.; the third Monday in February, commonly called Washington-Lincoln day; THETHIRN-FIRST DAY OF MARCH,WHICH SHALLBE OBSERVED AS THE BIRTHDAY OF CESARESTRADA CHAVEZ AND COMMONLY CALLED CESARCHAVEZ DAY IN TRIBUTETO HIS UNSELFISH COMMITMENTTO THE PRINCIPLES OF SOCIAL JUSTICE AND RESPECT FOR HUMAN DIGNITY; the last 'donday in May, commonly called Memorial day; the fourth day of July, :ommonly called Independence day; the first Monday in September, :ommonly called Labor day; the second Monday in October, commonly :alled Columbus day; the eleventh day of November, commonly called Ieterans' day; the fourth Thursday in November, commonly called rhanksgiving day; the twenty-fifth day of December, commonly called :hristmas day; and any day appointed or recommended by the governor of this state or the president of the United States as a day of fasting or prayer orthanksgiving, are hereby declared to be legal holidays and shall, for all purposes whatsoever, as regards the presenting for payment or acceptance and the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promissory notes, or other negotiable instruments and also for the holding of courts, be treated and considered as is the first day of the week commonly called Sunday.
SECTION 2. Repeal. 24-11-112,Colorado Revised Statutes, is repealed as follows:
24-11-112. Cesar Chavez Day.
- 90 ...... Referendum E: Cesar Chavez State Holiday SECTION 3. 5-1-301 (6), Colorado Revised Statutes, is amended to read: 5-1-301. General definitions. In addition to definitions !- appearing in subsequent articles, as used in this code, unless the context otherwise requires:
(6) "Business day" means any calendar day except Sunday, New Year's day, the third Monday in January observed as the birthday of Dr. Martin Luther King. Jr., CESAR CHAVEZDAY, Washington-Lincoln day, Memorial day, lndependence day, Labor day, Columbus day. Veterans' day, Thanksgiving day, and Christmas day.
SECTION 4. 22-1 -1 12, Colorado Revised Statutes, isamended 1 to read:
22-1-112. School year- national holidays -CesarChavez day. The school year shall begin on the first day of July and end on the thirtieth day of June. The term "national holidays" in this title shall be construed to meanThanksgiving day, Christmasday, NewYear'sday, thethirdMonday in January, observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Labor day, lndependence day, and Veterans' day. FOR PURPOSES OF THIS TITLE, THE TERM "NATIONAL HOLIDAYS" SHALL BE CONSTRUED TO ALSO INCLUDE CESAR CHAVEZDAY.
Referendum E: Cesar Chavez State Holiday ...... 91 IL" SECTION 5. Refer to people under referendum. This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each elector voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "SHALLTHE THIRTY-FIRST DAY OF MARCH BE DESIGNATED A LEGAL HOLIDAY FOR OBSERVING THE BIRTHDAY OF CESAR ESTRADACHAVEZ AS "CESARCHAVEZ DAY"?" The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.
92 ...... Referendum E: Cesar Chavez State Holiday I - Commissions on Judicial Performance were created in 1988 by the Colorado General Assembly for the purpose of providing voters with fair, responsible and constructive evaluations of trial and appellate judges and justices seeking retention in general elections. The results of the evaluations also provide judges with information that can be used to improve their professional skills as judicial officers. The Chief Justice, the Governor, the President of the Senate and the Speaker of the House appoint state and local commission members. Each commission is a ten-member body comprised of four attorneys and six non-attorneys.
The State Commission on Judicial Performance developed evaluation techniques for district and county judges, justices of the supreme court, and judges of the court of appeals. According to statute, those criteria include the following: integrity; knowledge and understanding of substantive, procedural and evidentiary law; communication skills; preparation, attentiveness, and control over judicial proceedings; sentencing practices; docket management and prompt case disposition; administrative skills; punctuality; effectiveness in working with participants in the judicial process; and service to the profession and the public.
The trial judges'evaluations result from survey questionnaires completed by attorneys (including district attorneys and publicdefenders), jurors, litigants, probation officers, social services case workers, crimevictims, court personnel and law enforcement officers. The evaluations also result from the following: relevant docket and sentencing statistics; a personal interview with the judge; a self-evaluation completed by the judge; and information from other appropriate sources, such as court observations, public hearings and documentation received from interested parties. The evaluation of the Justices of the Colorado Supreme Court and the Judges of the Colorado Court of Appeals is the product of an interview with the State Commission on Judicial Performance and survey results from attorneys and Colorado trial judges.
Each evaluation includes a narrative profile with the recommendation stated as "retain", "do not retain" or "no opinion". State statute requires a detailed explanation accompany a "no opinion" recommendation.
Voters statewidevote on Justices ofthe Colorado Supreme Court, Judges of the Court of Appeals, and District Court Judges for the district in which they reside. Voters will vote only for County Court Judges seeking retention in their respective counties. The following are complete narrative profiles and recommendations on retention for the justices and judges in your judicial district subject to the retention election on November 5, 2002.
Judicial Performance Reviews (v.6) ...... J-I Additional information may be accessed through the Colorado Courts Homepage at: http://www.courts.state.co.us or bycalling the State Commission on Judicial Performance at (303) 861-1 11 1.
HOW TO DETERMINE THE JUDGES THAT WILL BE ON YOUR BALLOT: I From the map:
4 Locate the County where you live
4 Locate the Judicial District for your County (for example, Pueblo County - loih Judicial District) 10th and 11th Judicial Districts of Colorado
From the index: .-
a Go to your Judicial District
4 Find your County
4 Go to the Narrative Profile section to review the recommendations for those judges. 4 Supreme Court Justices and Court of Appeals Judges will appear on your ballot. Be sure to review those judges as well as your local judges. I J-2 ...... Judicial Performance Reviews (v.6) PUEBLO
District Judge Scoff B. Epstein C. Dennis Maes Victor I. Reyes Rosalie Vigna
County Judge Kathleen K. Hearn
CHAFFEE CUSTER FREMONT
District Judge District Judge District Judge None None None
County Judge County Judge County Judge None Harold D. Taylor None
District Judge None
County Judge Stanley J. Mayhew
Judicial Performance Reviews (v.6) ...... J-3 - Honorable Nathan B. Coats
The State Commission on Judicial Performance unanimously recommends tnat Justice Nathan B. Coats BE RETAINED.
Justice Coats was appointed to the Colorado Supreme Court in May 2000. Prior to his appointment to the high court. Justice Coats was in a private law practice (1977-1978), served in the Appellate Section of the Colorado Attorney General's Office (1978-1986), and was the Chief Appellate District Attorney for the Second Judicial District (1986-2000). Justice Coats has served on many Supreme Courtcommittees, including the Criminal Rules, Appellate Rules, Rules of Evidence and Jury Reform committees.
Although some surveyed attorneys believe that Justice Coats' opinions are "prosecution oriented," both judges and attorneys ranked Justice Coats as a "B+" in being fair and impartial to both sides of the case. Justice Coats assured the Commission that he recognizes this perceived bias in criminal cases and strives to overcome it. He said he personally evaluates cases where such concerns might be raised and seeks feedback from his fellow justices about his impartiality.
Justice Coats acknowledged that he had limited experience in civil and family law when he was appointed to the Court. He stated that he does substantial background research in these areas, including soliciting the views of colleagues on the court who have special expertise. Some commissioners were concerned that the sharp wording of a few of Justice Coats'dissentscould underminecollegialityon the court. Additionally, the Commission suggests that Justice Coats expand his community involvement to ensure that he maintains the broad perspective necessary for a Supreme Court member. -- Justice Coats received high marks from attorneys and trial judges in the categories of courtesy and treating parties equally regardless of race, sex or economic status. Support for retention of Justice Coats was solid among both judges and attorneys, with 84% of judges and 87% of attorneys favoring retention. The Commission unanimously recommends his retention.
J-4 ...... Judicial Performance Reviews (v.6) Honorable John Daniel Dailey
The State Commission on Judicial Performance unanimously recommends that Judge John Daniel Dailey BE RETAINED.
Judge Dailey was appointed to the Colorado Court of Appeals in January 2000. Prior to his appointment, Judge Dailey served in the Colorado Attorney General's Office for 21 years, most recently as Assistant Solicitor General arguing cases on the Attorney General's behalf to the appellate courts. Judge Dailey has also been an adjunct professor of law at the University of Colorado and University of Denver Colleges of Law, and has taught criminal procedure at the University of Denver College of Law following his appointment to the bench. He currently serves as chair of the Supreme Court Advisoty Committee on Rules of Criminal Procedure and also serves as a member of the Supreme Court Advisoty Committee on Rules of Appellate Procedure.
Judge Dailey received generally positive comments from both attorneys and trial judges who were S~~eyed.The trial judges uniformly commended Judge Dailey as hard working and conscientious, and none opposed his retention. The survey results from attorneys were less favorable. Some attorney comments reflect a concern that his prior work in the Attorney General's Office may influence his decisions in criminal cases. Judge Dailey told the Commission that a review of the cases he has decided, both published and unpublished, refutes that perception. He views his paramount role in deciding criminal cases as ascertaining whether the defendant received due process. Responding to some attorney comments that he is brusque in oral arguments, Judge Dailey contends it is a misinterpretation of his serious demeanor during questioning. He agreed, however, with Commission members that this perception should be addressed.
Data from theCourtofAppealsdemonstrate that Judge Dailey issues opinions in a timely manner. The Commission found that Judge Dailey was enthusiastic, hard working and extremely diligent in his efforts to succeed in his new role. The Commission believes he brings a common-sense approach to the job, and unanimously endorses his retention.
Judicial Performance Reviews (v.6) ... . . J-5 y Honorable Henry E. Nieto The State Comm sson on J~dicialPerformance recommends that Judge Henry E. N~etoBE RETAINED. The vote was not unanimous
Judge Nieto was appointed to the Colorado Court of Appeals in November 1999, and is deputy chief judge of that court. He was a district judge in the First Judicial District from 1985-1999and Chief Judgeof that district from 1995-1999. From 1978-1985 he was a Jefferson County judge. Prior to his appointment to the bench, he served as deputy, chief deputy and assistant district attorney of the First Judicial District (1967- 1978) and was in private law practice (1970-1974).
Judge Nieto places great importance on communityservice activities, which the Commission believes is important for the judiciary. He speaks frequently to clubs and schools and believes that it is important to "put a human face" on the judiciary.
b While trial judges surveyed gave Judge Nieto high ratings, especially ''I with regard to treating parties equally and assisting other judges on the 1 court, attorneys' marks were lower. Attorneys were particularly critical in three areas: rendering well-written and understandable opinions. managing cases with minimum delay and making correct decisions based upon the law and facts. These ratings concern the Commission, which believes timely, clear and legally sound appellate decisions are essential. In his interview with the Commission, Judge Nietostated thatwhile he has 1 some weaknesses in his knowledge of the law, computer skills and I reading efficiency, he is working hard to improve in these areas. He also indicated that some of the criticism from the attorneys may be due to his long tenure as a trial court judge. Judge Nieto told the Commission that he was more comfortable as an appellate judge because he has more time to consider his decisions.
The Commission's lack of unanimity on Judge Nieto's retention reflects a concern that, despite his 24 years of experience on the trial bench, Judge Nieto has not met the higher standards for appellate court judges. A majority of the Commission believes, however, that this should not disqualify him from serving on the Court of Appeals, particularly in view of his willingness to work to overcome his deficiencies, and therefore supports his retention. I
Judicial Performance Reviews (v.6) District Judge Honorable Scott B. Epstein
The Tenth Judicial District Commission on Judicial Performance recommends that Judge Scott B. Epstein BE RETAINED.
Judge Epstein was appointed to the Tenth Judicial District Court bench on March 7. 2000. Prior to his appointment, Judge Epstein practiced with the Pueblo District Attorney's Office for 22 years as a Deputy District Attorney and as Chief Deputy District Attorney, specializing in criminal law.
Prior to his appointment to the bench, Judge Epstein was active in numerous community organizations, such as the Boys and Girls Club and the First Presbyterian Church of Pueblo. Judge Epstein has continued nis involvement in community non-profit organizations and has volunteered for other efforts as well.
The Commission was very impressed with Judge Epstein, most notably with the highly complimentary comments received from every agency and individual interviewed. He is described as fair, thoughtful, reasonable, conceptual and analytical; has a good mind; isorganized and efficient; and has professional demeanorwith attorneys and prose parties alike. Judge Epstein holds himself to a very high standard of legal ability and integrity and notes that he is dedicated to being "an advocate for impartiality in appearance and in action." With two years experience. Judge Epstein admits the civil law aspect of the bench is his greatest challenge. He continues to dedicate all efforts necessary to learn the law, seek guidance from available judicial resources and strives to apply the law with competence. Based on the attorney, non-attorney and agency responses and Judge Epstein's self-evaluation, his steadfast dedication to this position and public service is constantly evident.
Attorney questionnaires received by the Commission rate Judge Epstein high overall, especially in the areas of courtesy to prose parties, equal treatment of all persons, punctuality and courtroom demeanor. Of the attorney responses received, 89% voted to retain Judge Epstein and 4% voted not to retain. Of the non- attorney responses received, 96% voted to retain and 1% voted not to retain.
Judicial Performance Reviews (v.6) ...... J-7 District Judge Honorable C. Dennis Maes
The Tenth Judicial District Commission on Judicial Performance recommends that Judge C. Dennis Maes BE RETAINED.
Judge Maes was appointed to the Pueblo District Court Bench in April 1988. He became Chief District Judge of the Tenth Judicial District on September 1, 1995. Prior to this appointment to the bench, Judge Maes was director of the Pueblo County Legal Services and a Deputy State Public Defender. He was in private practice from Novemberof 1979 through April 1988. Judge Maes received his undergraduate degree from Southern Colorado State College and his law degree from the University Colorado School of Law in 1972. Judge Maes presently hears civil. criminal, domestic relations, water and juvenile cases and county court appeals.
Judge Maes is a member of the Pueblo County Hispanic and Pueblo County Bar Associations. He was voted Outstanding Young Lawyer in 1981 and was president of the Pueblo County Young Lawyers. He was president of the Pueblo County Bar Association, a member of the Colorado Board of Law Examiners and a member of the Commission on Judicial Discipline. He has been a delegate to the House of Delegates with the American Bar Association, a member of the Colorado Bar Association Board of Governors, a member of Colorado Hispanic Bar Association Board of Directors, chairman of the Colorado Bar Foundation and a member of the Governor's Task Force on Civil Justice Reform.
Hiscommunityservice in numerouscivicorganizationsspansalmost two and one-half decades. Judge Maes was a past member of the Pueblo Regional Planning Commission, the board of trustees of the Sangre De Cristo Arts and Conference Center, the board of directors forthe Eastside Child Care Center, the Pueblo County Legal Services board of directors, the Tenth Judicial District Board tocertify and Monitor DomesticViolence Treatment Facilities, the John Neumann Catholic Guild and was a board member of the David and Lucile Packard Advisory Board. Judge Maes also mentors an at-risk child. +
The Commission reviewed written evaluations of Judge Maes from attorneys and non-attorneys. The Commission also considered a written self-evaluation completed by Judge Maes and conducted a personal interview with the judge and interviews with individualsfrom the Probation Department, Hispanic Bar, Colorado Legal Services, Public Defender's Office, District Attorney's Office, SheriWs Office, Pueblo Bar Association and court personnel.
J-8 ...... Judicial Performance Reviews (v.6) Judge Maes received high ratings from both non-attorneys and attorneys in the categories surveyed. Eighty-six percent of the non- attorneys responding to the questionnaire recommended retention, 7% recommended do not retain and 6% had no opinion. Ninety-one percent of the attorneys responding to the questionnaire recommended that he be retained and 9% recommended that he not be retained.
District Judge Honorable Victor I. Reyes
The Tenth Judicial District Commission on Judicial Performance recommends that Judge Victor I. Reyes BE RETAINED.
Judge Reyes was appointed to the Tenth Judicial District Court bench in August 1998. Priorto hisappointment to the bench, Judge Reyes served as Deputy State Public Defender. Judge Reyes received his undergraduate degree from Emory University and his law degree from Georgetown Law Center. Judge Reyes currently hears mainly criminal. domestic relations and civil cases.
Judge Reyes is very involved in the community, where he serves on the Pueblo Community College Advisory Board for the BTE program, the board of directors of St. Theresa Catholic School and at one time served on the board of directors of the Cesar Chavez Academy charter school. In addition, he has spoken at local high schools concerning the court system.
The Commission reviewed written evaluations of Judge Reyes from attorneys and non-attorneys, including written verbatim comments attached to the evaluation questionnaires. The Commission also considered a written self-evaluation that Judge Reyes completed and conducted a personal interview with the judge.
Judge Reyes relies on researching a case before it is heard, which has caused some concern among attorneys. Some attorneys voiced concern about Judge Reyes' diligence and organization of time. On the other hand, attorneys see strengths in Judge Reyes that outweigh their concerns, including his grasp of criminal law, his intelligence, his work ethic and his dedication to the bench. In general, non-attorneys feel that Judge Reyes is very respectful and courteous to everyone, both inside and outside of the courtroom. He is considered fair and impartial and approaches his responsibilities in a very professional manner.
Judicial Performance Reviews (v.6) ...... J-9 Judge Reyes received fairly high ratings from attorneys and non- attorneys in almost all categories, particularly in the areas of being courteous toward parties and witnesses: treating parties equally regardless of race, gender, age or socioeconomic status; and having knowledge of the rules of evidence and procedure. Of the attorneys responding in thequestionnaire, 63% recommended that Judge Reyes be retained in office; 29% recommended that he not be retained and 9% had no opinion. Of the non-attorneys responding to the questionnaire, 83% recommended retention. 9% recommended non-retention and 8% had no opinion.
District Judge Honorable Rosalie Vigna
The Tenth Judicial District Commission on Judicial Performance recommends that Judge Rosalie Vigna BE RETAINED.
Judge Vigna was appointed to the bench in May 1993. Prior to this appointment. Judge Vigna worked in both the public and private legal sectors. Her areas of specialization included criminal law, civil litigation, domestic relations, juvenile, probate and social security. Judge Vigna has a good reputation in the legal community in the areas of criminal law, personal injury and domestic relations. She works hard and researches her cases in advance in order to ensure that she is well informed and up to date on the cases she hears.
JudgeVigna's community activities include mentoring at-risk children and Habitat for Humanity. The Commission finds her community involvement to be laudable.
Judge Vigna received high ratings (B+ to A-) from attorneys surveyed and fairly high ratingsfrom non-attorneys surveyed (6 to B+). Additionally, the Commission interviewed ten persons who work with the courts (Probation Department, Sheriffs Office, Police Department, etc.) All interviewed stated Judge Vigna should be retained. There were no reservations regarding Judge Vigna's retention. She has heard many pro se cases and notes she does takemore time in explaining the intricacies of the law to ensure that persons involved could understand the law better. Nearly all attorney and non-attorney comments were positive. Negative comments concerning Judge Vigna included that Judge Vigna could improve the efficiency of her staff.
Written survey results showed that 96% of attorneys surveyed recommend retention for Judge Vigna and 80% of non-attorneys recommend retention.
J-10 ...... Judicial Performance Reviews (v.6) Pueblo County Judge Honorable Kathleen K. Hearn
The Tenth Judicial District Commission on Judicial Performance recommends that Judge Kathleen K. Hearn be RETAINED.
Judge Hearn wasappointed to the Pueblocounty Court in December of 1995. Priorto herappointment to the bench, Judge Hearn practiced law in Pueblo.
The Commission was impressed by her involvement in a variety of community activities, including Sangre de Cristo Hospice, Pueblo Boys and Girls Club, Our Lady of the Meadows Church, Colorado Bar Association Board of Governors and P.E.O. The Commission found Judge Hearn's commitment to community service exemplary.
Thecommission wasveryimpressedwith Judge Hearnand believes her to be one of Colorado's outstanding county court judges. Her reputation in the legal community reflects high standards of integrity. The vast majority of the legal community believes that she has excellent judicial temperament and demeanor. Both attorneys and non-attorneys believe that she exhibits qualities of understanding, compassion and patience.
The only major criticism of Judge Hearn was that she was not always punctual in beginning judicial proceedings and issuing judicial decisions. Judge Hearn explained that her practice is not to begin court proceedings until all parties and their attorneys are present.
Both attorneys and non-attorneys believe that she is well skilled at identifying and solving problems. Judge Hearn is rated well above the average in being courteous to litigants who do not have attorneys.
Attorney questionnaires received by the Commission rate Judge Hearn high overall, especially in the areas of courtesy and providing quick access to the courts. Non-attorneys rated Judge Hearn high in providing written communications that are clear, thorough and well reasoned. Ofthe non-attorney responses received. 84% voted to retain Judge Hearn, 2% voted not to retain and 14% had no opinion. Of the attorneys responding to the questionnaire, 70% recommend retention, 19% recommended non-retention and 11% had no opinion.
Judicial Performance Reviews (v.6) ...... J-11 Custer County Judge Honorable Harold D. Taylor
The Eleventh Judicial District Commission on Judicial Performance unanimously recommends that Judge Harold D. Taylor BE RETAINED.
Although Judge Taylor is not an attorney, priorto becoming a judge he had a career as a well-published mathematics professor. Judge Taylor was appointed to the Custer County Court bench in 1992. He is a part- time county courtjudgeand currently presidesovermisdemeanorcriminal matters, traffic cases and civil cases where the amount in dispute does not exceed $15,000.
The Commission bases its findings on information supplied to the Commission through questionnaires, public hearings and a personal ;I interviewwith JudgeTaylor. Questionnairesforevaluationof JudgeTaylor were sent to attorneys who have appeared in his court, court and probation employees, litigants who have had cases in his court, law enforcement officers and jurors who have sewed on juries in his court. 1I The responses to the questionnaires rated Judge Taylor highly overall. :I Although Judge Taylor is only compensated for and required to spend one day perweek in the performance of his judicial duties, he goes above and beyond the requirements. In most categories of evaluation Judge Taylor ranked significantly higher than the average of all county judges in Colorado. He has taken seriously his commitmentto improve his legal writings and knowledge of the rules of evidence and case law.
During the public hearing, personsappearing before theCommission universally expressed positive comments. The Commission finds that Judge Taylor has strong community support. Judge Taylor is concerned that persons who appear before him understand the proceedings and spends time with individuals to ensure that they have a clear
understanding of their cases. .+ It is apparent by the extensive amount of time Judge Taylor spends In the job that he is committed to improving his skills and performing his judicial duties. He has both taken and taught courses at the National Judicial College. Judge Taylor is an asset to the community and to the bench. The Commission is confidentthat Judge Taylorwill continue in his efforts to dispense fair and impartial justice with patience and :ompassion. I. J-12 ...... Judicial Performance Reviews (v.6) Park County Judge Honorable Stanley J. Mayhew
The Eleventh Judicial District Commission on Judicial Performance recommends that Judge Stanley J. Mayhew BE RETAINED. The vote among the Commission members was 5 to 3 in favorof retention of Judge Mayhew.
Judge Mayhew graduated from the University of Colorado law school at Boulder in 1971. He was appointed to the Park County Court Bench in July of 1975. Judge Mayhew is a county court judge and works almost full time presiding over misdemeanor criminal matters, traffic cases and civil 1 cases in which the amount in dispute does not exceed $15,000. The Commission bases its findings upon information supplied to the Commission through questionnaires, public hearings and a personal interview with Judge Mayhew. Questionnaires for evaluation of Judge Mayhewwere sent to attorneys who have appeared in his court, court and probation employees, litigants who have had cases in his court, law enforcement personnel and jurors who have served on juries in his court. One public comment in favor of retention was that Judge Mayhew was accommodating, quick on rulings, patient, alert and with both good questions and deliberate explanations on matters of law.
Following priorCommission recommendations, Judge Mayhewgave uo his law oractice. He devotes five davs a week to his iudicial duties. ~;d~e~a~kew has spent time trying to establish mediatidn in the courts to resolve matters without court intervention. He is sensitive to the distance most parties must travel to court, providing opportunities to resolve matters efficiently. The Commission found that the Judge's institution of "readiness conferences" was a step in the right direction for improving docket control.
The Commission, as it has in Judge Mayhew's past two reviews, continues to have concerns regarding Judge Mayhew's docket control and case management. Survey results indicate poor verbal communication and problems with caseload management and docket efficiency. Survey results also found Judge Mayhew to be at or below the average county court judges in most categories evaluated. Judge Mayhew's caseload is increasing. Nevertheless,a majority of the Commission 1 believes Judge Mayhew can do an adequate job. An addition of a bailiff assigned to Judge Mayhew's courtroom, as previously 1 recommended by the Commission, would likely have a positive I impact upon courtroom management and efficiency.
The majority of the Commission believes that Judge Mayhew is dedicated to his judgeship and performing the duties required.
Judicial Performance Reviews (v.6) J-I3 LOCAL ELECTION OFFICES
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